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  • I just got married now what?

    I just got married and want know what I do to fix my husbands status w/o him having to leave this contry what do I do ?

  • #2
    I just got married and want know what I do to fix my husbands status w/o him having to leave this contry what do I do ?

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    • #3
      Dawn,

      First you have to be more detail. What is his status now? I mean what kind of visa he came in to US, does the visa expired?

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      • #4
        What if he doesn't have a visa, a work permit OR a green card (ie; crossed the border illegaly by way of "Coyote" or other means)?

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        • #5
          If he crossed the border illegaly, there is nothing you can do at the moment to adjust his status without him having to leave the country. However, there is still the chance that the 245i might get passed, which could change that, depending on how long he's been in the US. The first step to take is to file an I-130. If your husband is here legally or originally came legally, then you can also file for adjustment of status at the same time. You can download all of the forms on the BCIS website. An I-130 is very simple and it takes less than a half hour to fill out once you've gathered the information. There is a filing fee of $160.00 or so.

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          • #6
            He is here illegaly and has been here on & off for approx. 6 years (left once for 1 1/2 years) We have been married for 2 mo. 13 days. Never deported. On the other hand I have been in some trouble w/ the law. W that affect him?

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            • #7
              Your having been in trouble with the law will not affect him. However, the fact that he has come and gone many times could affect him negatively if the BCIS knows about it. I'm pretty much in the same boat. My husband is here illegaly, although he came only once 5 years ago and hasn't left since. We've been married for a year and a half. I submitted an I-130 for him in March of this year. We haven't heard anything on it yet. The reciept notice I got for it says that it could be up to 825 days before it goes through. After that, if the laws stay as they are, he'll have to go back to Mexico and apply for a green card at the American consulate there. The catch is that as soon as he leaves the country, the 10 year bar will be triggered. I will have to make a case that living in Mexico or apart from him here would cause exceptionally unusual hardship for me, the US citizen. I'm not sure how difficult that waiver is to get. Some say it's easy, others say it's almost impossible. Anyway, our plan B is to live in Mexico and raise a family there. I already speak Spanish very well, so I guess if fate decides it, my children will grow up there.
              There was a law passed back in the late 90's known as 245i. It allowed people illegally in the US with a US citizen spouse, child, or parent to pay a $1,000 fine to be able to adjust there status to that of legal permanent resident (green card) without leaving the country. In 2001 that law was brought back for a short time. Unfortunately, you and I are too late. I knew about it when my husband and I were dating, but we decided we just weren't ready for marriage at that time.
              Bush has spoken about bringing this law back temporarily. He is pro-immigrant and wants desperately to bring latino swing-voters over to his side. The new law is rumored to have some new restrictions stating that the relationship (ie marriage) had to have been established by a certain date. This is not set in stone, however. All of us our praying that this thing will go through. There are a few threads on this board about it, you might want to check them out. It's 245i.
              This is what I've learned from my own personal research and reading the experiences and threads of others. Please don't take it as set in stone. It would be best to do some reasearch on your own and maybe even talk to a lawyer, but be careful. Immigration lawyers aren't all the most trustworthy characters. I went to one and he really gave my husband and I the creeps. I just decided to fill the paper work out myself. Good luck :-) Nice to know that there's someone else out there in my situation. God Bless

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              • #8
                My husband has never been deported so I dont think they know that he ever left. As for the 10 year bar, my cousin and her husband got his. He was in Mexico for 8 months before he was allowed to re-enter legaly. They have a 2 yr, old son and he has a daughter he pays child support for. Which I believe was the hardship.I on the other hand have no children with my husband. My cousin said that it was not a problem for her & hubby that it went smooth only she didnt like it over there. It is alot differnt. I didnt like it either. I dont think I could ever live there full time. However what ever happens I wish you the best, I sure feel better also. Its nice to know your not alone

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