I'm a US citizen & new to immigration topic, any info will help. Trying to find out how serious my situation is. My husband entered the county with his mother when he was 15. He had a current visa at the time. I don't know what her status was then, or if she kept up her visa after. Regardless, they remained in the country, he overstayed his visa, he went to school, college and went on to work. My first concern is that he is not here "legally" as far as his expired visa goes. The second is that he worked with a social security number (the original card said it was not valid for employment). This means it was a real number (NOT someone else's name) but the card he used for I-9 was not genuine. He DID file/pay taxes all the years he was employed. His mother has since married a USC, but that was after my husband was no longer a minor. This is what I know: my mother-in-law is now a USC; she had petitioned for him before we were married; he has been to the St. Louis embassy and filed paperwork, fingerprints, etc and has been waiting for some letter for over a year; he has been trying to get some mexican military thing fixed as some kind of requirement for paperwork to be filed; we have known each other for 5 years, engaged for 2 and a half, and married now for a couple of months. I know he can be "pardoned" for the overstay by marriage, but can he get in trouble for working? Will he have to leave the country in order to get his green card? What is the difference in resident, green card holder, and citizen who was once an immigrant? Can I petition for him? Will this help "move up" his papers that his mother filed? He has seen a lawyer but felt that he was not given all options, only different "price packages". We're going to contact another lawyer, but I wanted to do some research on my own. We would like to start a family soon, but I'm scared this will come back to haunt us (him having to leave for a period of time) so I wanted to get it taken care of ASAP. Thanks for anything anyone can provide us!
<dawg>
Posted
I don`t think you have to worry about that...It was easy money for the SS bureau that they don`t have to account for. Just go ahead and file the necessary papers. Good luck!
If you still need some advice and assistance, please contact me at: immigration_counselor@hotmail.com or at adutton@talk21.com (I am an immigration attorney).
Posts: 31 | Location: New York, NY, USA | Registered: 08-22-2003
If he is here in the US you can just file the paperwork, just tell him not to leave the US. Tell him to tell the truth on his application. And he will be OK, my situation is just like his.
Good Luck
Ps. you don't need a lawyer for this, Mr. Dutton is just locking for customers, he is not helping any body without being paid for it. E-Mail me if you need help, my help is for free.
Just prepare and file forms I-130, I-485 (with the supporting materials requested om the back of the forms), one G-325A for each of you and two BCIS style photographs of each of you taken within 30 days of your application. You may also want to prepare and file an I-765 employment authorization with this package if your husband wishes to work while his adjust application is being adjudicated. Don't forget all of the filing fees, including the $50 fingerprinting fee. Assuming your local BCIS office permits this and the processing time is not too long, you may be best advied to file all these forms, etc. there rather than at the relevant BCIS Service Center.
Posts: 31 | Location: New York, NY, USA | Registered: 08-22-2003