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How to get my fiance on the road to legal statis

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  • How to get my fiance on the road to legal statis

    Hello to all....I am in the need of supportive and honest feedback......
    I am a 33f , USc seeking exactly step by step on what to do about my situation.
    1.) My fiance who is 32 came to the U.S. about 4 1/2 years ago from Guatemala with his then girlfriend of 6 years. Both came on with tourist visas.
    2.) They were attending a Morman church in which I am not sure if they were being helped by members or sponsored.
    3.)In which he said they( the church) told them that they needed to get married because they were living in sin. He said his heart was not wanting to marry but he was in a different country and did not know or understand the laws of the U.S. and church. He said they were both taken into a room and were told to sign some papers. No one pronounced them man and wife or gave them any kind of document or certificate. And there wasnt any sort of celebration afterwards. So he was confused on whether they were legally married or not. She never used his last name, they had seperate banking acounts, and nothing was ever in both of their names, nor did they ever have children.
    4.)They both ended up overstaying their visitor visas.
    5.) He ended up getting a fake ss# and has worked at the same restuarant( very high grossing) as the manager for over 3 years now. He makes decent money and does pay his taxes.
    6.) His relationship with his "wife" was no not working and he was wanting out but was afraid to tell her because of her mental state .....We ended up meeting, became friends and then fell in love. He was up front with me about everything. Needless to say I was and still am upset about his legal statis. I asked him alot of " why the hell didnt you...?" kind of questions. He said I didnt know what it was like to live in his country. That I shouldnt be so judgemental. That yes what he did and is doing is WRONG..but he doesnt want to go back to his homeland and its conditions. And I dont want him to go back.
    7.) He told her about me...she went a little crazy and went and got a copy of the marriage certificate from the court house said she was going to get every penny he makes and all the other kind of threats people make at this kind of situation. He told her the only thing he wanted was the divorce and he moved out with nothing and got his own apartment. We are waiting for the divorce to become finalized.
    8.) I will be moving in with him in May.
    We plan on getting married and starting a family as soon as he is cleared to do so.
    9.) Some of my questions are,..How soon do I start the petition papers after we get married?...I dont want it to look like we got married ONLY to make him legal.
    How much trouble is he going to get into for working illegaly for the last 4 years? And what can we do so he doesnt have to quit his job?
    Should we get a lawyer? We dont care how much it will cost.
    Do I have to make a certain amount of money to petition him? Do I have to be employeed at all?
    What about is almost 5 year overstay what type of problem is that going to cause?
    What he did and is doing is wrong..I am very aware of that...and even though I may not agree on everything the U.S. does..I LOVE MY COUNTRY!!!...and I can see why so many want to move here. I did not go looking to fall in love with a illegal alien. But I did...and now I have to deal with the situation on hand. I think he deserves to live out the American dream. Even though he did not follow our laws he deserves a chance...everyone deserves some kind of chance in their life.....Thank you all
    for taking the time to read all of this

  • #2
    First off, chill chick. The sky isn't falling down on you. Second, the key sentence in your long post is: " ... Both came on with tourist visas ... " This means that he entered inspected and is eligible to adjust status while in the U.S. based on marriage to a USC.

    Usually if the petitioner is a USC the following forms and supporting docs are filed concurrently:
    I-130 Alien Relative Petition which establishes his eligibility to file for adjustment of status.
    I-485 Adjustment of Status application. If approved will give him a 2yr conditional green card.
    I-765 Employment Authorization document will enable him to work while his adjustment is pending.

    Don't worry about illegal work and an overstay. They will be pardoned by the CIS. After you file the whole adjustment package and receive NOA1 (Notice of Action) for I-485 his status will change from "illegal" to "pending adjustment interview". You can file as soon as you get your marriage certificate.

    Read up on the whole process on http://uscis.gov


    Cheers.

    Comment


    • #3
      Immigration is the least of your worries. This is a guy who lied to get a visa, has been literally living a lie here by working with false documents, got married and has apparently been lying to his wife while carrying on an affair with you (his wife apparently has a marriage certificate--hard to see how he didn't know about that)?!! There's an old saying: If he'll cheat on her, he'll cheat on you. Good luck--you'll need it.

      Comment


      • #4
        It is amusing how stupid these Americans are ! This guy is a chronic liar and criminal. He defrauded our system and his own wife. And this biotch wants to help him out. He will kick you out once he gets green card. She does not need good luck; few brain cells that is what she needs.

        Comment


        • #5
          Avatar,
          i'm sorry i don't have any advice. Just wanted to wish you well (there's a little too much negativity here.)

          Comment


          • #6
            "9.) Some of my questions are,..How soon do I start the petition papers after we get married?...I dont want it to look like we got married ONLY to make him legal."

            -- It will look like that either way.
            So you can file the papers as soon as you get married - no reason to wait any longer.
            You will have hard time proving the legitimacy of the marriage... but it is not hopeless.


            "How much trouble is he going to get into for working illegaly for the last 4 years? And what can we do so he doesnt have to quit his job?"

            -- If you get married, and he gets a GC on that basis, his illegal work will be forgiven


            "Should we get a lawyer? We dont care how much it will cost."

            -- He will, most probably, need a lawyer to get a divorce, as for his GC petition, it does not look like there is anything particularly complicated about it, that a lawyer could help you with.
            But if money isn't the issue, why not? :-)

            "Do I have to make a certain amount of money to petition him? Do I have to be employeed at all?"

            -- Yes, you need a certain amount of money... But if you are not worried about the legal costs, you must be making more than enough :-)

            "What about is almost 5 year overstay what type of problem is that going to cause?"

            It will be forgiven too, if you get married, and his GC is approved.
            As long as he does not leave the country until he gets his GC.
            If he does, he won't be able to come back... at least, not very easily.

            Comment


            • #7
              Negativity is sometimes needed. It's amazing how many people get on this board and don't really want advice or information--they just want support for what they plan to do already, even if they're pretty sure they're going to have problems. Ever notice how many posters post the same thing over and over again until they seem to get the answers they want, i.e. those that agree with them? If all Avatar really wanted was answers to her last questions, why on earth did she post all that history, which really isn't relevant. The guy entered legally, overstayed, and now her questions: ,..How soon do I start the petition papers after we get married?...I dont want it to look like we got married ONLY to make him legal.
              How much trouble is he going to get into for working illegaly for the last 4 years? And what can we do so he doesnt have to quit his job?
              Should we get a lawyer? We dont care how much it will cost.
              Do I have to make a certain amount of money to petition him? Do I have to be employeed at all?
              What about is almost 5 year overstay what type of problem is that going to cause?

              See, no long rationalizations necessary.

              Comment


              • #8
                Another lying GRINT wants to defraud the system and get a GC!!!

                Comment


                • #9
                  "Should we get a lawyer? We dont care how much it will cost."

                  "Do I have to make a certain amount of money to petition him? Do I have to be employeed at all?"

                  So this liar is ready to pay any cost to get a legal status and maybe paying you also. Here is 5 $ for you to buy few brain cells in flea market and save your s-t-u-p-i-d a-s-s. If they find out immigration fraud you will end up paying 250,000$ fine and good long life in prison. Betcha, you will not make this much money working as ho for the rest of your life.

                  Comment


                  • #10
                    Burn, GRINTS, burn!!!

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                    • #11
                      Negativity is sometimes needed.
                      i don't agree with the fact that she's asking a question with a lot of emotional comments, and you (people in gral) answer with a lot of assumptions and no actual reference to her question, or just to make fun of her and her situation. That's all.
                      Peace.

                      Comment


                      • #12
                        Okay..I would just like to say that last night when I made my post I was too emotional. I also said way more than I should have. But there is nothing I can do about that now....so with that said...
                        Thanks to all who told me what I needed to do. I was being told so many different things I was not sure.
                        As for all the other "comments"....I know that you and all the generations of your family were all rightous and noble people. I will be sure to invite you to me and my illegal fiances' wedding...and then once again to me and my now legal/ American citizen husbands 25th anniversary..oh wait..thats right he is going to drop my a** once he gets his papers... such haters...

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                        • #13
                          Avatar!

                          you, lying wiotch, you GRINT LOVER!!!

                          Why do you lie these lies that over-lie the lies that we lie all our lives?!!!

                          Thou , GRINT LOVER, thou WILL BURN IN FIRE with thou GRINT , fraudster, criminal, Guatemalan , low-specie Hispanic husband!!!

                          Burn, wiotch, BURN !!!

                          I have a gasoline, yes, I have a gasoline!!!

                          Comment


                          • #14
                            Epiclaughter....

                            WOW! You are such a racist and a low down would be MURDERER. Why are you so bitter??? Did your mother stop breastfeeding you so she could run off with an illegal?...

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                            • #15
                              OOOOOOOOOH!!!!!

                              GREAT IS MY HATERED FOR GRINTS!!!
                              MAY MY HATEFUL AND RIGHTEOUS FIRE CONSUME AND BURN ALL GRINTS ALIVE!!!

                              MY RED A-S-S IS BURNING WITH HATERED!!!

                              BURN, GRINTS, BURN!!!

                              AND YOU TOO, avatar!!!

                              Comment



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