Hi all!

I have a bit of a long complicated story, so please bear with me here....

I came to America from England in 1996 on a six month visiting visa, then extented it for another six months. When the six months were up, returning to England did not seem very attractive to me, so I just.....stayed. I'd met someone by this point, and eventually married him. By this point, I had been in the country illegally for about a year. I visited two lawyers and asked each what would happen if I were to contact INS, neither could say with absolute certainty that I would not be deported. The thought just terrified me. I filled out all the necessary forms, but when the time came to post them, I just couldn't do it. So for 8 years or so, I've just let it go. I've been working as a nanny during this time too, another complication as I haven't been paying taxes. What a mess!

And it gets worse!! My husband and I recently split, nothing official or in writing yet, just him moving out. I almost feel like just being done with it all and going back to England, though I have noooo idea what will happen when I turn up at the airport ~gulp~ I really do want to stay in the US, and have thought of just calling the INS and telling them my story and facing the consequences. I'm really clueless as to what to do now, so any advice would be realllly reallllly appreciated.

Thanks!

Hello Lj

When did u visit those lawyers???? You had 99% no problem to have become legal THEN! your overstay would have been forgiven b/c u married USC. Also your illegal working would be forgivien.

Now is different story sorry to tell you. You never filled out the paperwork. You must talk your husband into filling out the long overdue paperwork NOW like as in yesterday. There will be an interview of course about the marriage. You both must attend! Good news here is that you will get a permanent 10yrs card b/c you have been married for more than 2 yrs.

If you do not do this... You will be put in removal proceeding and asked to leave voluntary and if not you will be deported. no doubt about that. Not only will you be deported, but you will have a 10 year bar from entering US for any reason.


Only other option you have now is to get marrried again to another USC. this will forgive your overstay

Best Wishes


p.s. edit the title of your thread to "never filed papers after 8 yrs of marriage. will i be deported" or something like that so readers know what thread is about. u will get more responses this way

The (former) INS may forgive her, but will the IRS? They're more to be feared.

Thanks for your reply, 4now. Some more questions though. Sorry for my cluelessness, but how do I obtain the paperwork? Will I have to visit another lawyer? Even though my husband moved out, there is no official separation as of yet (and if my staying in this country is a factor, he would help in any way, including delaying any kind of legal issues regarding our marriage), and divorce has not yet been discussed. Don't know if this makes any difference.

Thanks again for your advice! One more thing...errr, how do I change the thread title??

Hi lj


Thats great that he will! The forms each have a fee. You do not need a lawyer to complete. follow the instructions from the forms and website. Complete the forms package and get info pass for appointment at local office.

Please tell me your State/town so I can determine your Service Center. I hope it is East Coast b/c Adj of Status is very quick here 3 to 6 months for greencard

The forms you need are at uscis.gob website. do the fill in forms. you need
I-130/I-485/I-765/325A biographic for both of you/I-864 sponsership/ and i-693 medical history form.

Documentation of the bonafide marriage will have to be sent along with the applications. After 8 years should be no problem.



P.S.

That little square sheet next to "posted" date will take you into edit mode. just clik on

Thanks a million 4now. You're a stah!

So, will I be able to fill out the forms online? Or is it a case of printing them out? I guess I could just go to the website and check it out..duh! I live in MD, I think there is an INS office in Baltimore, so that's no prob.

Thanks again for your help

Hello Lj



Yeehah!!!!!! You live in baltimore.. Vermont Service Center. I was hoping u would say that. In the past has been one of the fastest adj status areas out there!! should run around 3 to 6months for interview.

No you are not going to file online. just fill and print.
If you need more info after filling forms, just feel free to come back to the board 4assistance.

Everything will be allright..

Not to air my dirty laundry or anything, BUT.... the reason I split with the hubs was that he had an affair with a 20 year old chicky. He's 40...blech! I've been through hell. So 4now, thanks for responding to my posts. I really needed some advice, I know it's my own stupid fault for putting this off for so long But anyways, thanks a million. If I had a roll of Rollo's right now, I'd give you the last one

And I'm talking about the yummy English kind, not the American version

Hey Lady J

I luv Rollos ! but I have never had the english ones but I hear they are the best as u say.

Sorry to hearabout your linens. If only TIDE could wash the pain away. Well u never know things may work out between u and if not there may be a better life ahead. you will see

Only file if you are going to get back together with your husband and stay together for the next few years. If you are separated, you do not have a valid marriage for immigration purposes, and your case will be denied. You will be on Immigration’s radar and eventually run through deportation.

Hi 4now, the west coast "seattle" is faster than that, i got my ead in 3 1/2 weeks, fingerprinting 3 weeks later and the interview was 4 months and 1/2 from the date of reciept.

I'm very new here. But here is question for 4now. Are you positive about the thing " someone will get a permanent GC if there interview is scheduled after their second anniversary?

Yes, that is how it works. For marriage based adjustment, if you have been married for more than two years at the time you are approved for LPR status, you will get a ten year card.

If you have been married for less than two years, you are a conditional resident, get a two year card, and have to file an I-751.

Old Man

Whats the poor girl supposed to do ?????? She wasnt prudent in filing paperwork all those years.. She had valid marriage. do u have other suggestion that you feel would be more suitable for her to do AOS? Please try to help here.

The code will support the arrangement. Obviously they were having marital problems and have come back together to resume marriage. This is valid for interview is it not? There is no need for them to have to stay together for several years as she was married past 2 yr criteria.. she will get 10 yrs card. End of story. No need to be on immi radar. Its done deal with the approval. Shortly after approval, things didnt work out afterall. The only thing these 2 people have to not do is lie under oath in that interview. So if they have to make the lie real...so be it.

4now- The key word is had. If she had filed for AOS when she had a valid marriage, she would have become an LPR. Their separation now does not really matter, they should have ample evidence of a bona fide relationship, but they do need to maintain that valid relationship for AOS. You are right that it is a done deal once she gets approved as an LPR, but depending on where they live, AOS can take three years or more. What happens if, after she submits the adjustment application, Mr. Wonderful decides that he can not wait that long before getting on with a new life with his hot young girlfriend? AOS denied, NTA issued, Proceedings commence. That is why it is important to make sure the relationship is reconciled (and will stay reconciled) before she files.