hi to all , i have a question for all the ilw community . here's my situation , i am a US citizen born and raised in the US a little bout 4 yrs ago , i met my fiancee , she came in the US as an F-1 Student went to school and major in Computer engineering long story short , she fell out off status and started to work etc ,we have maintained a long distance relationship we see each other couple time a month but we talk on the phone every single day, meanwhile in 2003 her parent filed AOS for her and the application was approved and now she is waiting for her priority dates .The problem is now that we are engaged and soon to be married , some of my friend after we get married that i should filed for her and she won't have to wait this long for to get her adjustment of status from her parent side . but if i do they told me that the adjustment of status that her parent filled for which is already approved will be terminated the moment she become a married Women. sorry for the long story , so whatt is our chances if i filled for her , what form will we have to filled , should we consult a antorney etc , i would appreciate if anyone can give me some advice .
If she's in the US and you're eligible, it's a straight forward spousal petition after your marriage. She can adjust her status right away because her visa is readily available. What do you need her parental petition for where there is a required waiting period. It's always worth it to seek a professional advice.
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on 3 Cor 3:6)
thx for your reply Rough Neighbor ,yes she is in the US , we planned to get married this october How soon after our wedding should i filed for her ? and does the fact that she work without authorization will cause her problem ? or should go with the fact that she never work ? i will be waiting for your reply thx once again .
You can file the paperwork as soon as you received the legal proof of your marriage. Her being out of status and having worked without authorization is normally waived (pardoned) in this kind of immigration case. Don't lie about anything though.
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on 3 Cor 3:6)
once again , thx for your rapid reply , i am fully gracious for ur advice , you said the fact that she overstayed or the fact that she work without authorization isn't a problem , there was a problem her name was a little different from her birth name like : Joanne Joseph (real name ) but work under Joan joseph and also under another ssn didn't know where she got n never ask . i have to be fully honest with all u guys if i want to get the best possible advice , i will be waiting for your reply once again .
To the original poster... It is actually better if you and your fiance get married.. Since you are a US CITIZEN, she does not have to wait for priority dates...like what rough neighbor said...the visa is vailable for her... Although working without permission is forgiveable for immediate relatives of united states citizen, I am wondering how your fiancee got her social security number, and how did she get the JOB...Before she got hired, Did she ever check a box from the employment form that she is a united states citizen/national? Please asks her those questions... If she did then you'll see a huge trouble ahead of you... SHE CAN GET DEPORTED FOR THAT... in other words, anyone who falsely claim to be a united states citizen for any purpose under federal or state law can banned anybody from adjusting status in the UNITED STATES... (CLAIMING TO BE United STATES CITIZEN to OBTAIN A BENEFIT SUCH AS EMPLOYMENT WHEN A PERSON IS NOT QUALIFIED FOR IS ILLEGAL)I hope that helps... although i want to write more info in reference to these, i need to find out if your fiancee ever did claim to be us citizen or national to get a job... INS and IRS will find out since they are linked together.. I am not saying she DID claim one, but hopefully she did not!
na , she never claimed to be a US CITIZEN , i believe that she claimed to be a resident but where she work at never ask her for Green Card # , so you think that she is forgiveable for the fact she work without permission and the name had a slight difference .once again thxx for all ur good advice , i'll be waiting for yr reply
Hi there.. if i were you, you guys should get married and seek a qualified immigration lawyer... I do know that she is forgiveable for working without permission, but i suggest that she stops working without permission because she can always get in trouble... Once you start the application procedures for adjustment of status she can actually get a work permint within 3 to 6 months... If i were her i'd rather stay out of trouble and obey the laws, rather than risking my chances of being able to stay in the US.... One quick question, when did she come here? and how soon did she fell out of status... Sometimes INS or USCIS looks into that kind of thing.. Because they can always charge her with MISREPRESENTATION. I am not sure if they will charge her for MISREPRESENTAION for pretending to be a green card holder to get a job, which she is not... Seek a lawyer and i really do suggest that... USCIS can be intimidating especially when you guys to the adjustment of status process and interview as well....You just want to be in the safe side... That's all!
thx for ur advice , she came in 2001 , her parent are in the US , and once she was done studying she went for optical training in her field of study , so she went to school from 2001 to 2003-2004, she is a fighter , she has went through lots of though time , and she can't wait to go and finish her bachelor in computer science . i had spoken with an atorney , he told me that he charge $2000 for representing , i though tit was alot , so wut do u think ? i will be waitng for your reply
2000 dollars seems reasonable... i believe i paid about the same price... but i am wondering is the 2000 dollars the retainer fee for the whole adjustment of status procedure? Did u ask him about that? In addition, i am wondering if the ins fees already are included in there... i am pretty sure it's not.. but make sure he is one of the best immigration lawyers in your state...
well the 2000 dollar is his fees without the immigration fee , i remember he said something like 1000 first and the other 100 after . i jst remember that the state id that she was granted will expire next month , will that prevent us from getting married i mean getting a license since her id will no longer be valid . or should we do it before her id is expired ? you mention that interview process can be tough , how r they usually ? thx once again , i will be waiting for your reply
you guys should get the marriage license now... they ask for state id when you go there... I hope that helps...
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Originally posted by newguy: well the 2000 dollar is his fees without the immigration fee , i remember he said something like 1000 first and the other 100 after . i jst remember that the state id that she was granted will expire next month , will that prevent us from getting married i mean getting a license since her id will no longer be valid . or should we do it before her id is expired ? you mention that interview process can be tough , how r they usually ? thx once again , i will be waiting for your reply
you guys should get the marriage license now... they ask for state id when you go there... I hope that helps...
thx , so i only need a marriage license or do we also need a marriage certificate , do we nee d to have a big wedding or jst simple city hall wedding than a big one after ? thx for all ur advice thx
you know what they can be tough sometimes... but if your marriage is bonafide, there is nothing to worry about.. But I suggest you bring a lawyer with you during the interview, it costs me about 600 bucks but worth bringing one. During interview, the husband and wife are being separated sometimes, to see if their marriage is legitimate.. they asks so many questions that are so ridiculous... color of toothbrush? which side of bed do u sleep? etc... Here is some good advise that I can give you... BRING A LAWYER WITH U AT ALL TIMES, and REMEMBER THAT IT is your wife and your JOB TO PROVE THAT YOUR MARRIAGE IS BONAFIDE!!
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Originally posted by luvjonalyn: you guys should get the marriage license now... they ask for state id when you go there... I hope that helps...
quote:
Originally posted by newguy: well the 2000 dollar is his fees without the immigration fee , i remember he said something like 1000 first and the other 100 after . i jst remember that the state id that she was granted will expire next month , will that prevent us from getting married i mean getting a license since her id will no longer be valid . or should we do it before her id is expired ? you mention that interview process can be tough , how r they usually ? thx once again , i will be waiting for your reply
just go to the city hall (state where you lived in) and when you go in there, tell them that you need to apply for a marriage license and you'll go from there...
i'm sorry but Bonafide mean real is that correct ? does the lawyer that i might hire will go to the interview with me or do i have to pay him more ? thx once again , i'll be waiting for ur reply
you pay him extra for going... maybe about 600. dollars just to sit down during the interview and do nothing... but your lawyer will make sure that your rights are protected...
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Originally posted by newguy: i'm sorry but Bonafide mean real is that correct ? does the lawyer that i might hire will go to the interview with me or do i have to pay him more ? thx once again , i'll be waiting for ur reply
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