belinda63

It appears you have been married for more than two years. What did you provide to show commingling of finances,  commitment to each other such as wills, life insurance, joint major purchases, etc. 

Look at the I-9. It lists the specific documents that must be provided and specifically states the employer cannot tell the employee which ones they can use. If the school district needs the green card for background checks I can understand that but they can't require him to list it as a document for I-9 purposes.

Look at the I-9. It lists the specific documents that must be provided and specifically states the employer cannot tell the employee which ones they can use. If the school district needs the green card for background checks I can understand that but they can't require him to list it as a document for I-9 purposes.

I don't see how giving a wrong date of birth is a misrepresentation. It is lying but not enough for a waiver to be needed as the date of birth really wouldn't affect the issuance of a visa. Would it really matter is she were born in 1992 instead of 1996? I think there is more to the story.

You have a lot of red flags in your case. Your wife will need to make multiple visits and stay for a while. You will need to show pictures of the two of you together with your family and friends to show they have accepted the marriage. You will have to explain why you would marry a woman who cannot give you children. Be prepared for a hard interview and a good possibility of being denied.

You have a lot of red flags in your case. Your wife will need to make multiple visits and stay for a while. You will need to show pictures of the two of you together with your family and friends to show they have accepted the marriage. You will have to explain why you would marry a woman who cannot give you children. Be prepared for a hard interview and a good possibility of being denied.

You have a lot of red flags in your case. Your wife will need to make multiple visits and stay for a while. You will need to show pictures of the two of you together with your family and friends to show they have accepted the marriage. You will have to explain why you would marry a woman who cannot give you children. Be prepared for a hard interview and a good possibility of being denied.

You have a lot of red flags in your case. Your wife will need to make multiple visits and stay for a while. You will need to show pictures of the two of you together with your family and friends to show they have accepted the marriage. You will have to explain why you would marry a woman who cannot give you children. Be prepared for a hard interview and a good possibility of being denied.

You will need to file the I-130 and the I-601a (waiver) . After they are both approved he will have to return to Mexico and interview in the consulate there.  An attorney is recommended for the waiver packet. When he leaves the US he will incur a 10 year ban for the overstay but if the waiver has been approved this should not be a problem unless there are other issues that have not been disclosed.

According to the USCIS site current wait times for processing I-601 is 9.5 to 12 months.

If you try to proceed with your name on the BC the embassy will require the child apply for CRBA. You will need to do a DNA test which will show the child is not yours and you and the child's mother lied on the paperwork. Then you will potential face a load of issues, child trafficking, misrepresentation, perjury, etc.
Do things the legal way.

I think the part about if her mother received any sort of federal assistance for her medical bills has her stumped. I really don't see how anyone could afford two years of cancer treatment out-of-pocket. And if Mom becomes an LPR she still won't be entitled to federal medical assistance for five years with the daughter being on-the-hook for any medical bills.

The attorney is correct.

So you can subtract the time from the date the petition was received (priority date) July 2007 from the date it was approved, February 2010 and take that number, 2 years 7 months and subtract it from his actual age to get his CSPA age of 24. He has aged out.

So you can subtract the time from the date the petition was received (priority date) July 2007 from the date it was approved, February 2010 and take that number, 2 years 7 months and subtract it from his actual age to get his CSPA age of 24. He has aged out.

An LPR who received their green card based on marriage to a USC must generally wait 5 years prior to be permitted to file for a new spouse.

An LPR who received their green card based on marriage to a USC must generally wait 5 years prior to be permitted to file for a new spouse.

An LPR who received their green card based on marriage to a USC must generally wait 5 years prior to be permitted to file for a new spouse.

An LPR who received their green card based on marriage to a USC must generally wait 5 years prior to be permitted to file for a new spouse.

An LPR who received their green card based on marriage to a USC must generally wait 5 years prior to be permitted to file for a new spouse.

An LPR who received their green card based on marriage to a USC must generally wait 5 years prior to be permitted to file for a new spouse.

An LPR who received their green card based on marriage to a USC must generally wait 5 years prior to be permitted to file for a new spouse.

The issue is she could have returned to her country as her authorized stay in Germany ended. While in her country the immigration process could have been completed. Coming to the US without the a visa is not the proper way to do things. Even as two US citizens, when I gave birth in Germany we had to extend our tour to allow time to received the child's passport. 

The issue is she could have returned to her country as her authorized stay in Germany ended. While in her country the immigration process could have been completed. Coming to the US without the a visa is not the proper way to do things. Even as two US citizens, when I gave birth in Germany we had to extend our tour to allow time to received the child's passport. 

When it comes time for the AOS interview he will be asked why he lied about his marital status on the B1 application. This would be considered a material misrepresentation since he lied to obtain the tourist visa. That could result in a life-time ban. Note this it not the same as entering with the intent of AOS but it is an intentional misrep. Lying on any paperwork or during an interview is subject to criminal action. Also this could follow him all his life. If he manages to get his 2 year green card he could be denied when he removes conditions for the misrepresentation. If he makes it that far he could be denied citizenship. They could come after him after he is a citizen since he obtained that status by misrepresentation.
AND this is not a good way for him to start his life in the US.