Jump to content
dady12

Need help

By dady12 in General Immigration-Related Discussion

 Share

42 posts in this topic

Recommended Posts

  • Replies 41
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

aaron2020
aaron2020

No.  Overstays is not forgiven for the spouse of an. LPR.  

Unlockable
Unlockable

No you can't do anything for her. As stated they have a rule that if you got a GC from marrying a US citizen, you can't apply for a visa for a foreign spouse for 5 years.    Not only that, o

little immigrant
little immigrant

Hi this is my experience and by no means advice. I was an LPR and I married my husband who overstayed. I waited until I became a citizen under the 5 years rule. The same day I took the oath, we applie

little immigrant Proficient

little immigrant   801

Posted
Timeline
Posted
54 minutes ago, aaron2020 said:

Why bother filing the I-130 now when it gets them nothing but put on ICE's radar.

Wait until you are a US citizen to file the I-130.  

That was my fear (after someone on vj pointed this out to me) and that's why I waited until I was a USC. Luckily in my case everything worked out.

Link to comment
Share on other sites
TBoneTX Grand Master

TBoneTX   45,288

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)
3 hours ago, HRQX said:

Odds of adverse action by ICE is still low. Many spouses of LPR go through provisional waiver path without issues.

True, but in this immigration process, especially if the authorities have something to jump on, it's far better to be safe than sorry.  I wouldn't take this chance.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
HRQX Veteran

HRQX   4,145

Posted
Timeline
Posted (edited)
13 minutes ago, TBoneTX said:

especially if the authorities have something to jump on, it's far better to be safe than sorry.

For both paths, the "authorities" would at some point know that OP has an out-of-status spouse while simultaneously knowing that OP is yet to naturalize. E.g. when filing N-400, OP would list the spouse and mention the lack of status.

"Current Spouse's Immigration Status" "Other (Explain):"

Edited by HRQX
Link to comment
Share on other sites
dady12 Collaborator

dady12   12

Posted
Filed: Timeline
  • Author
Posted
1 minute ago, HRQX said:

For both paths, the "authorities" would at some point know that OP has an out-of-status spouse while simultaneously knowing that OP is yet to naturalize. E.g. when filing N-400, OP would list the spouse and mention the lack of status.

I will save this page  because  i am going to follow all this instructions even if i hire a lawyer.thanks all

Link to comment
Share on other sites
TBoneTX Grand Master

TBoneTX   45,288

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Well, if you find a good lawyer, discuss it all with him/her.

Let us know if you have enough advice to proceed, and we can close this discussion for you.  It is completely your choice.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
dady12 Collaborator

dady12   12

Posted
Filed: Timeline
  • Author
Posted
1 minute ago, TBoneTX said:

Well, if you find a good lawyer, discuss it all with him/her.

Let us know if you have enough advice to proceed, and we can close this discussion for you.  It is completely your choice.

Yes we are getting a good immigration lawyer who know about waiver soon and after the discussion i will revert back .thanks for your kind advice and your deligent research.i appreciate the effort of everyone who contributed to this thread 

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,514

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)

Deportation is unusual in normal times, you usually have to do something to come to their attention, and I thought Biden had put a block on deportations anyway, well for the time being.

Edited by Boiler

“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.”

Link to comment
Share on other sites
HRQX Veteran

HRQX   4,145

Posted
Timeline
Posted
40 minutes ago, Boiler said:

I thought Biden had put a block on deportations anyway, well for the time being.

"Federal judge extends order blocking Biden administration's 100-day deportation pause" https://www.statesman.com/story/news/2021/01/29/president-joe-biden-federal-judge-extends-order-blocking-deportation-pause/4312398001/

Link to comment
Share on other sites
dady12 Collaborator

dady12   12

Posted
Filed: Timeline
  • Author
Posted
11 minutes ago, HRQX said:

"Federal judge extends order blocking Biden administration's 100-day deportation pause" https://www.statesman.com/story/news/2021/01/29/president-joe-biden-federal-judge-extends-order-blocking-deportation-pause/4312398001/

Thanks for sharing and i am following all

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...