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Undocumented married to US citizen

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Hey guys, I am new to the forums and I would like to get some insight on what my options may be for my particular case. I would also like to be directed to the right forum for my case.

I am a 37 year old male, came to the US illegally at the age of 17. I have been living in Dallas ever since and I've made my life here in America. I am still undocumented. I started dating my now husband in August 2014 and we have been together ever since. We love each other very much and he asked me to marry him, one of the reasons we marry is so I can be protected from deportation since that would tear us apart and we do not want that. We got married last week and I want some general information as to what do I need to do in order to become legal and stay in the country with my husband. We have so many plans to stay together for the future but we don't want to be afraid of losing each other if I face deportation. Thank you all in advance for the comments and guidance.

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Filed: Other Country: Canada
Timeline

Marrying does not protect you from deportation. If you came here illegally you will have to apply for a spousal visa, have it denied and then apply for waivers and return to your home country for your interview.

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Filed: FB-2 Visa Country: Bangladesh
Timeline

Because you entered illegally and were not inspected at the border, you will need to go through consular processing since you don't have the choice of adjusting status.

During consular processing, your visa will be denied and you will need to obtain I601/I212 waivers in order to overcome the 10-year ban. Once these waivers are approved, you will be eligible to receive an immigrant visa to return to the US.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

You will need some good advice and guidance to work through this. Be prepared to hear bad news.

Laurel Scott, based in Houston, is an attorney that many past VJ members spoke about highly. You can Google her website. immigrate2us.net is another group that is very good for waiver information.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Marrying does not protect you from deportation. If you came here illegally you will have to apply for a spousal visa, have it denied and then apply for waivers and return to your home country for your interview.

Because you entered illegally and were not inspected at the border, you will need to go through consular processing since you don't have the choice of adjusting status.

During consular processing, your visa will be denied and you will need to obtain I601/I212 waivers in order to overcome the 10-year ban. Once these waivers are approved, you will be eligible to receive an immigrant visa to return to the US.

I would suggest to consult a lawyer, and read about the waivers I-601 (https://www.uscis.gov/i-601) and I-601A (https://www.uscis.gov/i-601a). I met the Abogada Jessica Dominguez on Facebook, but I know she is in Univision too. Here are some videos you can watch about her talking about these waivers:

and this other from another lawyer and it is in Spanish:

When I went to Ciudad Juarez for my immigrant visa interview, I met some ladies who entered USA undocumented/illegally, but they filed the waiver I-601A inside the USA before their interview.

This is what the I-601A website says "Certain immediate relatives of U.S. Citizens may use this form to request a provisional unlawful presence waiver under Immigration and Nationality Act Section 212 (a)(9)(B) and 8 CFR 212.7(e), before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview."

People here in visajourney say that to file a waiver you would need the help of a lawyer because you have to prove hardship.

I hope you find this useful.

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Thank you all very much. Is there a forum where I can possibly find more people that are/were in my situation and maybe can give more insight into the process. Thank you for the responses.

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Filed: FB-2 Visa Country: Bangladesh
Timeline

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Look into the I-601A provisional waiver process; it may be applicable in your case.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Timeline

Just to make sure, when you say "came to the US illegally", you mean you snuck across the border or hid in a trunk or something like that, right? If you went through a regular border crossing and were let through, then you entered legally, no matter what your status was afterwards. This makes a huge difference for your immigration now.

Was an immigration petition ever filed for you or your parent (by a relative or employer) before 2001 (regardless of whether the petition is valid now)?

Is your spouse in the US military?

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Filed: K-1 Visa Country: Wales
Timeline

There is a high speed route through DACA, but sounds like you missed that.

i 130 plus I601A

Pop home for the interview.

Come back after a few days with the Green Card.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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