Confusing Case - need advice

[jaaaaamas 0]

Okay guys, I have a weird scenario to let you in on. I am hoping that someone will be able to offer some guidance and honesty.

My husband and I did the k-1 visa and now he's got his 2 year permanent resident card and everything is good.

But now...it's my sister's turn for a journey! But she has a very odd case.

Her boyfriend is from Mexico. He came here to America on some sort of a working visa. He's a musician and he came here to play music. I believe he was on a 6 month visa or something. However, a few months ago his visa and all his paperwork were stolen. He no longer has anything of the sort in his possession. Then, his visa ran out like 2 months ago and he is still here in the US now.

The reason why he did not leave is because he was in a legitimate relationship with my sister and did not want to leave. He was frightened that if he left, he'd never get back here. But now she is ready to marry him and is eager to get on the process so they can start a life together.

Our concerns though are:

1) He overstayed his visa and never left the country. They will probably want to deport him as soon as he attempts to marry my sister.

2) It will probably appear that he wants to marry my sister BECAUSE his visa is up, and this is simply not the case.

3) They are frightened that if he goes back to Mexico, it'll be hard for him to ever get back into the country and they will lose eachother.

What is your advice? How should they start this process if they can at all? What visa would this be categorized under? Should they appeal for a marriage here or does he have to go back to Mexico first?

This seems like a confusing case.

Thanks for any and all help.

[kitkat1 5]

Okay guys, I have a weird scenario to let you in on. I am hoping that someone will be able to offer some guidance and honesty.

My husband and I did the k-1 visa and now he's got his 2 year permanent resident card and everything is good.

But now...it's my sister's turn for a journey! But she has a very odd case.

Her boyfriend is from Mexico. He came here to America on some sort of a working visa. He's a musician and he came here to play music. I believe he was on a 6 month visa or something. However, a few months ago his visa and all his paperwork were stolen. He no longer has anything of the sort in his possession. Then, his visa ran out like 2 months ago and he is still here in the US now.

The reason why he did not leave is because he was in a legitimate relationship with my sister and did not want to leave. He was frightened that if he left, he'd never get back here. But now she is ready to marry him and is eager to get on the process so they can start a life together.

Our concerns though are:

1) He overstayed his visa and never left the country. They will probably want to deport him as soon as he attempts to marry my sister.

2) It will probably appear that he wants to marry my sister BECAUSE his visa is up, and this is simply not the case.

3) They are frightened that if he goes back to Mexico, it'll be hard for him to ever get back into the country and they will lose eachother.

What is your advice? How should they start this process if they can at all? What visa would this be categorized under? Should they appeal for a marriage here or does he have to go back to Mexico first?

This seems like a confusing case.

Thanks for any and all help.

1) Overstay on a valid visa is forgiven at AOS. If it has been less than 180 days, no ban is in place.

2) All relationships require proof at AOS - they just need to be prepared.

3) If he got a legit tourist visa once, he should not have that difficult of a time getting another one. Did he report the theft? Has he gone to the Mexican consulate in the US? A normal tourist visa is valid for 10 years but only 6 months per entry which is decided upon at the point of entry by the officer.

I would first make sure that she talks with him about the kind of visa he had in the first place and ensure that he actually had a tourist visa. If so, seems he should be able to renew/replace without a problem.

[DA BOMB 1]

wow - I dont know the legalities but maybe someone can sort me out if Im wrong - At first I wondered if they could just marry then file AOS...a lawyer (man I really dont like lawyers) once told me that if a marriage takes place in the US and AOS is filed then all the problems that could keep the nonUSC out of the US could be handled within the US much easier. Then I read elsewhere that they would be deported. I also dont think you can marry without identification and have it be legal.

Its sad to say but I think he may have to go back to Mexico...apply for a K1...then a waiver of ineligibility based on his 2 month overstay. I think if his overstay is UNDER 180 days that also makes a difference but time is ticking. If they want to be legit they need to do it the legal way which means they wont be able to avoid the waiting game we're all going through on here. Good luck to them.

[safitu 0]

have friend who was in similar situation, only she had overstayed her visa by a couple years. she got married, had AOS with no problems. she did pay a lawyer like $2500 to help. theres all these horror stories about getting deported but all ppl i know have been fine. im no lawyer but seems like they should just get married and do AOS. GOOD LUCK!

[kitkat1 5]

wow - I dont know the legalities but maybe someone can sort me out if Im wrong - At first I wondered if they could just marry then file AOS...a lawyer (man I really dont like lawyers) once told me that if a marriage takes place in the US and AOS is filed then all the problems that could keep the nonUSC out of the US could be handled within the US much easier. Then I read elsewhere that they would be deported. I also dont think you can marry without identification and have it be legal.

Its sad to say but I think he may have to go back to Mexico...apply for a K1...then a waiver of ineligibility based on his 2 month overstay. I think if his overstay is UNDER 180 days that also makes a difference but time is ticking. If they want to be legit they need to do it the legal way which means they wont be able to avoid the waiting game we're all going through on here. Good luck to them.

They can marry and he can adjust from his tourist/work visa. It's completely untrue that if the marriage takes place in the US and the AOS if filed then all the problems are easier or that he cannot be deported - spouses of USCs are deported everyday. What kind of identification he needs to marry depends on what state he marries in. If he chooses to return to Mexico, he will not need a waiver if the overstay is less than 180 days.

But again, I question the whole story. If he had a valid visa, he can get it replaced. Why wouldn't he start by doing that?

[moustash 0]

My best advice is to go to a immigration lawyer. It costs, but I think it is the only way to be safe. Also, do some research on any lawyer you see, there are many unsavory lawyers out there.

Michael

[athena_ny 1]

I'm not sure what the best course of action really is, but I will say this:

My husband overstayed his visa by 4.5 years and the clerk didn't call the USCIS when we applied for our marriage license. They don't need to see the I-94, generally just need to see proof of who you are.

Also, if he does stay here and they just marry, the onus will be on them to prove that the relationship is real and that there was no immigrant intent when he entered the country.

Edited February 27, 2007 by meow mix

[DA BOMB 1]

wow - I dont know the legalities but maybe someone can sort me out if Im wrong - At first I wondered if they could just marry then file AOS...a lawyer (man I really dont like lawyers) once told me that if a marriage takes place in the US and AOS is filed then all the problems that could keep the nonUSC out of the US could be handled within the US much easier. Then I read elsewhere that they would be deported. I also dont think you can marry without identification and have it be legal.

Its sad to say but I think he may have to go back to Mexico...apply for a K1...then a waiver of ineligibility based on his 2 month overstay. I think if his overstay is UNDER 180 days that also makes a difference but time is ticking. If they want to be legit they need to do it the legal way which means they wont be able to avoid the waiting game we're all going through on here. Good luck to them.

They can marry and he can adjust from his tourist/work visa. It's completely untrue that if the marriage takes place in the US and the AOS if filed then all the problems are easier or that he cannot be deported - spouses of USCs are deported everyday. What kind of identification he needs to marry depends on what state he marries in. If he chooses to return to Mexico, he will not need a waiver if the overstay is less than 180 days.

But again, I question the whole story. If he had a valid visa, he can get it replaced. Why wouldn't he start by doing that?

Are there states where you dont need ID to marry? Sounded like he didnt have any at all.

[kitkat1 5]

Are there states where you dont need ID to marry? Sounded like he didnt have any at all.

It's not up to an individual clerk or state to verify immigration status. Chances are good he has SOMETHING to prove his identify and if not, clearly he needs to get something. If everything was stolen months ago and he has NOT yet replaced his identification, I would very seriously question the entire story.

To the OP, re-reading this story, I think it's all bullsh!t. Who does nothing when their visa and "all his paperwork" were stolen? His "work visa" ran out? Who sponsored his "work visa"? Is he still working? Did he report the theft? Did he make an infopass appointment to see how he could replace the visa? Did he go to the Mexican consulate in the US to request assistance with replacing his passport/ID/etc?

Smells like an illegal entry and there is no way he can adjust his status in the US.

Edited February 27, 2007 by kitkat1

[athena_ny 1]

Are there states where you dont need ID to marry? Sounded like he didnt have any at all.

It's not up to an individual clerk or state to verify immigration status. Chances are good he has SOMETHING to prove his identify and if not, clearly he needs to get something. If everything was stolen months ago and he has NOT yet replaced his identification, I would very seriously question the entire story.

[DA BOMB 1]

Are there states where you dont need ID to marry? Sounded like he didnt have any at all.

It's not up to an individual clerk or state to verify immigration status. Chances are good he has SOMETHING to prove his identify and if not, clearly he needs to get something. If everything was stolen months ago and he has NOT yet replaced his identification, I would very seriously question the entire story.

To the OP, re-reading this story, I think it's all bullsh!t. Who does nothing when their visa and "all his paperwork" were stolen? His "work visa" ran out? Who sponsored his "work visa"? Is he still working? Did he report the theft? Did he make an infopass appointment to see how he could replace the visa? Did he go to the Mexican consulate in the US to request assistance with replacing his passport/ID/etc?

Smells like an illegal entry and there is no way he can adjust his status in the US.

I know its not up to clerk or state to verify immigration status. I was wondering what you meant by "What kind of identification he needs to marry depends on what state he marries in." As in what? Like if he still had his birth certificate?

[kitkat1 5]

I know its not up to clerk or state to verify immigration status. I was wondering what you meant by "What kind of identification he needs to marry depends on what state he marries in." As in what? Like if he still had his birth certificate?

Some states require a drivers license and social security number. Some states require simply a picture ID - could be a DL, could be a passport, could be a Matricula Consular, an official ID from the Mexican Consulate in the US. Some states require an ID and a certified copy of a Birth Certificate, etc.

[jaaaaamas 0]

Are there states where you dont need ID to marry? Sounded like he didnt have any at all.

It's not up to an individual clerk or state to verify immigration status. Chances are good he has SOMETHING to prove his identify and if not, clearly he needs to get something. If everything was stolen months ago and he has NOT yet replaced his identification, I would very seriously question the entire story.

To the OP, re-reading this story, I think it's all bullsh!t. Who does nothing when their visa and "all his paperwork" were stolen? His "work visa" ran out? Who sponsored his "work visa"? Is he still working? Did he report the theft? Did he make an infopass appointment to see how he could replace the visa? Did he go to the Mexican consulate in the US to request assistance with replacing his passport/ID/etc?

Smells like an illegal entry and there is no way he can adjust his status in the US.

It's not actually. My family would never pull an illegal entry after all the help they gave in helping me with my LEGIT marriage.

This man is 25 and has dreamed all his life of being a musician in America after getting fairly well known at an early age in Mexico. He befriended a US woman last year who worked as his sponsor and brought he and his other musician friend into the country to make music, because she had her own recording studio in Chicago. A fight broke out however between his friend and the woman sponsor about 3 months into their stay. With the help of her husband she took their visas and their passports and a great deal of their belongings after the fight and tossed them out of her house. They could never get them back.

They moved from Chicago to Washington when a friend offered to help house them. They have been here ever since even though they no longer had their visas in hand anymore. My sisters boyfriend never once tried to work illegally or do anything that he is not welcome to do. His friend went back and my sisters boyfriend stayed because he met her and they had started their relationship. My sisters boyfriend has a passport, he has been to the Mexican consulate several times, he has copies of all the paperwork he ever needed of his whole visa process, he just doesn't have the actual real copy in hand. That was stolen.

He IS legitimate. But he doesn't understand the whole visa process that well, USCIS has been giving him conflicting information every time he calls (as they ALWAYS do), his English isn't 100% so he doesn't understand a lot of the things he hears from them and then he hears a different story when he goes to the embassy.

He fully intended on moving back to Mexico a few months ago, but after talking to his family they have agreed the relationship is important and that he should carry on the relationship. The only reason he doesn't want to go back to Mexico is NOT because he's trying to smuggle into this country, but because he's afraid that since he overstayed his visa that they won't allow him to marry my sister and come back to the US and he will lose EVERYTHING he cares about in the process. So he has just frozen himself here, not wanting to do anything until he gets some advice. It doesn't help that he has not worked in months after his visa ran out so he has no money to GET back home even if he wanted to.

I am smart enough not to put up a bullshit immigration story on an open, often watched forum. What's more, I don't support the fake marriage of illegitimate immigrants because it's for that very reason that REAL genuine cases of marriage have to go through all of this frustrating process. I myself have been going through it for years now and if my sister or ANYONE I knew was ever trying to pull a fast one like what you accused, after everything I myself have gone through, I would never support it nor try to help. In fact, I would probably report them.

This man is my family, like a brother to me, and I don't appreciate any accusations of his legitimacy when I am coming here for some true, honest help.

[kitkat1 5]

It was not my intent to offend you - just my strong suspicion based on what you posted. It just seems odd that he hadn't already done everything possible to get a copy of his visa. Since he has his passport and has ID, it seems his next step would be to make an infopass appointment and get some straight, clear information on how to get a copy of his old visa. I would also guess that a police report will be required.

Either way, he came on a valid visa and can legally and without much difficulty adjust his status. Even if his overstay was longer than six months, overstay is forgiven via marriage to a USC when the initial entry was on a legal, valid visa.

The next step would be to consult a qualified immigration attorney regarding the potential obstacles at AOS when there is no copy of the original visa.

[eau_xplain 2]

Your sister's boyfriend needs to get documentation of his legal entry. This is a required initial evidence in order for him to adjust status (after they marry). Without this proof then he cannot file for adjustment of status. A good immigration lawyer (who really know immigration and doesn't just "dabble') might know how to secure such documentation from USCIS.