My boyfriend and I met 3 1/2 years ago. We have lived together during these three years and wish to get married. The ins laws are very confusing and I know that the 245(i) is no longer in. My question is-Can you still apply with the ins for papers for a spouse that is here without legal status without the spouse being deported? He has no criminal records in the U.S. and I am a U.S. citizen.

hi Kay.
I'm in the same situation as your husband, hope someone here can give us some advise, as far as I know illegal aliens need to leave the country while they peocess the aplication.

I think there is no much choice The only option I read is that the person to go out while the paper (I-130) being process. The only problem that you have to worry is when they know he stayed illegally, even when he get back to his country, he might be barred to come over to US either 3 or 10 years. But I'm not really sure about this. Hope you can get a legal attorney advice. One more thing, never ever go to BCIS alone coz' they gonna detain the person directly and deport him.

Please consult a lawyer, act accordingly since I am not the expert.

i'm the same situation like you kay, my usc husband filed form i-130. we didn't know that after filed this form i might be live in this country. thing i know is when usc husband filed this form by sponsoring his/her husband it takes longer to hear approval it maybe 1 to 2 years and when i-130 has been approved the alien spouse will have chance to change status but when this form is dinied so that mean the alien spouse of usc is not be able to change status. but there is no possibility if the ins will deny you and so far if your married is really in good faith and you love each other. no one can break you apart and the ins never ever do that to hurt family apart so your husband is married to you and you can supporting him by sponsoring to get green card. the ins will be considered him if your marriage is ends in good faith not just for obeying green card. i know the only thing we could do is to wait for 245(i).

If an illigal spouse entered US inspected and his/her visa expired than he/she can get a green card very quickly at any time from 6 months up to 1.5 years depending on state and your lawyer. But if you entered uninspected than there is no chance for you to get a green card in US at all.

I agree with Helen....thats why I said, the chance is very slim. May be none at all. This may sounds cruel...but thats the reality of how BCIS work. Thats why I suggested to find a very-very good lawyer.

how about, fiance(e) is this person has inspected when she/he enter u.s.? what do you think?. why fiance(e) has hardship waiver when they weren't ended to marry their american fiance(e). yeah! i do believe that different people, and there is different case but they do need to understand what's going on and don't judge a person quickly. how about fiance(e) married to someone other for more than 3 years and has usc child that they are custody. are they possible to get green card to live legally in this country?. thank.

Cara, several posters extensively answered your question (it was the entrance with the K-1 visa, but you ended up marrying a different spouse than the one who originally sponsored you, right?).

Even though you're not considered having entered "uninspected" (such as people who entered the U.S. illegally and therefore uninspected), your adjustment of status is almost as difficult.

It is more difficult than the adjustment of people who entered with very specific visas such as the Visa waiver etc.

Unfortunatly, you're not the only person these things have happened to them. But many (ten)thousands of people abused these laws before you and congress passed laws to make an adjustment for the most notorious law breakers next to impossible.

A single bill introduced by a senator or congressman for a specific alien to be adjusted will be sometimes pulled through for exceptionally humanitarian or politcal reasons. A general amnesty is the (kind of the same thing; like a class action suet), provided by congress, and sometimes (very rarely) by a president. So, in my humble opinion, to answer your question, I don't think a legal status will be possible soon for the majority of lawbreakers or people who fall in the most notorious categories of laws being broken (that would only promote more people to break the laws). Does that mean there never will be an amnesty? I don't think so! I'm sure that second chances will be offered if people can continue a moral and contributing life. There is a statute of limitation on everything (but murder), so someday, something will be possible. I wish you good luck!

advise2,
hope you don't mind.you aren't a law(o)yer and i didn't even know you. you are right i'm not alone who broke the law. different situations why people broke the law. and what is the law that are you talking about?. for not ended to marry that i am talking about. but if i were you would you still like to marry your fiance(e) even you do know that he is abusing you in pysical,spiritual, and verval would you ever like to stayjust waiting the green card?. and how long would you like to suffer and until you are waiting your green for many years he is still abusing you and until he will stop sponsoring you.. but i'm so sorry about your law because i broke already and i cann't come back for my past. i wanna stay here in u.s.a. with my usc husband and child. is there have a law for true love that i found. i never found this before.i understood you coz i know these thing never happened to you but there is no imposible for you. we doesnt know what is imposible that it could be happen sooner or later.

I have difficulty understanding your posts and I'm trying to pull out as much information as possible. The law that you broke is that you entered the U.S. with a very specific conditional 90 day visa. It is only adjustable if you marry the person who sponsored you initially and remain in that bona fida marriage untill at least your adjustment is complete and the condition removed. This has been a problem for over 15 yrs. ergo nothing new for the then INS, now BCIS, that people with k-1 visas disappeared the day they arrived here (with work authorization) and married sometime later (often with significant out-of-status time accrued).

Once married to a U.S.C. they became a special cathogery of un-deportable aliens. Grass root initiatives made sure that this loop whole couldn't be taken advantage of. This is the general history of what you're suffering right now. The right thing for you to do would have been to return to your native country before the 90 days were up if you didn't marry your initial sponsor. Now you haven't done that and things went in another direction. I'm not an attorney or a law professional, but I'd imagine that if your now marriage is bona fida and if your spouse supports you, that something will be possible in the future, it will just take a lot of time (I'd imagine about 10 yrs.), please check on the statute of limitation for various violations, in immigration law, very simple things have 3/5/and 10 yrs. respectively. Good luck!