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  • Anyone married or in love with an illegal immigrant

    My name is Kerri and I have been on here before. I am looking for women /men that have been married or want marry an illegal immigrant. I have heard mixed thoughts. If we marry here than we he has a 10 year bar, has to go home and we have to file for a waiver which can take up to 3 yrs.
    I am thinking my best bet is to go back to Brazil with him, marry him there and come back.
    I am looking for people that have been through this or are in the process of filing this waiver to avoid the 10 yr bar. Also if you had to do it over again would you go to their country and come back that way, or anyone out there who did go to the foreign country got married there and brought them back that way and how long that took.
    Please email me with your story and how it is working out. I am trying to find the best way to assure my fiancé and I live here in the US and to be separated as little as possible.
    Thanks-
    Kerriluvtravel@yahoo.com

  • #2
    If the alien entered legally but overstayed the I-94 then adjustment of status is possible, the "3/10 year bar" does not apply.

    However, if the alien entered without inspection, then AOS is NOT a possibility and the alien is required to leave the U.S. to apply, thus triggering the "multi-year bar" you mention.

    You should talk to a lawyer of ask a CIS official if you have questions.

    -THIS IS NOT LEGAL ADVICE-

    Comment


    • #3
      Houston,

      I think your information is incorrect. If you entered legally but have overstayed depending on how long, it will trigger a 3 or a 10 your ban. If you entered legally you can apply for a waver of inadmissibility which may or may not be granted.

      From what I understand, seldom granted.

      Comment


      • #4
        Unique, you're mistaken. The ban is triggered by "leaving" the country. Let me explain:

        If the alien entered legally and overstayed but has since remained in the U.S. he or she can apply for AOS upon marriage to a USC, there's NO need to file a waiver.

        If the alien leaves after the overstay, then the ban is triggered by the departure and the waiver is required.

        The issue with the EWI is that such aliens do NOT qualify for AOS, and must leave the US to apply at the consulate, then the departure triggers the ban.

        -THIS IS NOT LEGAL ADVICE-

        Comment


        • #5
          CIS is clear explaining how the ban works. Here's an extract of the info published at their very own site:

          "... Even if an alien overstays, however, a bar will not apply unless (s)he leaves the US... On the other hand, an alien who would be subject to a bar if (s)he were to travel outside the US will not be subject to the bar if (s)he never leaves the US. Note that the bars continue to apply if applicant travels while adjustment is pending, even if the alien obtains advance parole. A grant of permanent residence terminates applicability of a 3 or 10 year bar."

          Comment


          • #6
            Hello Kerri

            Here is your original thread for others to know your story.


            kerri's story click here

            Houston has given correct information in that if he had a visa, his overstay would have been forgiven by marriage to usc.

            To be more specific in case of EWI, adjustment of status cannot take place on american soil.


            As one poster suggested to you in the other thread, if he never used his real name or was ever fingerprinted, then there is the cance that he could return back thru mexico to his home and be undetected. This is not recommended, but it certainly is a possibility.


            IMO, I would not chance waiting it out, simply becuase if he gets caught,.... he will be placed in detention for several months and then eventually removed.

            Any type of amnesty that may take place is most likely not going to happen in the first year or two. You could have fiance return to his home and start the process. and start working on the waiver. You may have to move there for 6 months (check brazil requirements)


            As it stands currently per procedures, there is no chance to adjust status without returning to face the ban and file waiver.


            This website has lots of support for offers help with writing waivers.

            Good luck and come back and let us know how things turned out.

            immigrate2us.net

            Comment


            • #7
              Houston youre right as i was in that situation i overstayed and am now married to a USC.
              "Until the color of a man's skin is of no more significance than the color of his eyes everywhere will be war"...................BOB MARLEY

              Comment


              • #8
                4Now is correct, if the alien is EWI there's absolutely no chance for him to apply for AOS (unless he qualified for LIFE and filed the application before the expiration date and well, it's quite a long story); he belongs to the class of "ineligible" aliens because of the EWI and he must return to his country of origin to apply through consular processing, and his departure will trigger the ban.

                Notice that the ban is triggered by the departure.

                Aliens who overstay the I-94, following a legal entry, are able to apply for AOS WITHOUT a waiver, if they do not leave the U.S. Notice that having advanced parole makes no difference, the ban will be triggered by the departure and it's only cancelled AFTER the alien receives LPR status.

                But in any case, the OP should consult with an official or a lawyer if she needs advice and answers to her questions.

                -THIS IS NOT LEGAL ADVICE-

                Comment


                • #9
                  BTW, an opinion by the ninth circuit suggests that aliens are allowed to process the I-212 while in the U.S., but the ruling has been rejected by almost every other circuit and creates a very complicated situation that has resulted in more myths being circulated and even more confusion.

                  4Now, I think you're being optimistic when you say it'll probably take a couple years for CIR to pass... I think it'll take much longer than that, the issue is way too complex and one that has divided the nation for quite a while now...

                  Happy St. Patrick's Day to all!!!!

                  -THIS IS NOT LEGAL ADCICE-

                  Comment


                  • #10
                    Houston is right. If he lives the US, then the ban will be triggered and there is no guarantee for approving the waiver. If he was not inspected, then he can not adjust status based on marriage to you. The word "illegal" has been used so much this days that it is really hard to figure out which class of people is being referred to. So now you have the info.
                    If he overstayed a visa, get a lawyer before you do anything.

                    Originally posted by Kerri:
                    My name is Kerri and I have been on here before. I am looking for women /men that have been married or want marry an illegal immigrant. I have heard mixed thoughts. If we marry here than we he has a 10 year bar, has to go home and we have to file for a waiver which can take up to 3 yrs.
                    I am thinking my best bet is to go back to Brazil with him, marry him there and come back.
                    I am looking for people that have been through this or are in the process of filing this waiver to avoid the 10 yr bar. Also if you had to do it over again would you go to their country and come back that way, or anyone out there who did go to the foreign country got married there and brought them back that way and how long that took.
                    Please email me with your story and how it is working out. I am trying to find the best way to assure my fiancé and I live here in the US and to be separated as little as possible.
                    Thanks-
                    Kerriluvtravel@yahoo.com

                    Comment


                    • #11
                      Hi Kerri,

                      Good luck with your options - the senior members have given you good advice. The option of being separated from him must be hard.

                      Thanks too 4Now for providing the link for the earlier post she had.
                      Do all the good you can, in all the ways you can, as long as ever you can.

                      --John Wesley

                      Comment


                      • #12
                        I should have been clearer; he did come here illegally, without inspection & has been here for 5 years this month. I have talked to a bunch of lawyers and have been told that if we get married in the US that I have to file a waiver here, it will get denied and he will be send home and put on a 10 yr ban. There is a waiver (forgot the name) to file to override the 10 yr ban but it can take up 1-3 years (so I have been told).
                        I personally want him to sneak back out, for myself to go there on "vacation" meet him, marry him and file for him to come back that way. However I was told that in the interview in Brazil he has to prove money income, housing etc for the past few years in Brazil.
                        I have also been told to wait for amnesty which once a new president has been elected will most likely be one of the top things up for discussion.
                        I am looking for someone who has gone through this. Who has either filed the 10 year ban waiver or married someone in another country and brought them back.
                        Thanks for all your input I honestly appreciate it.
                        Kerri

                        Comment


                        • #13
                          Filing a waiver here or there will almost certainly be denied unless there is good grounds, humanitarian or otherwise. SO your choices are very limited,
                          1. let him stick around and see if there is a new immigration bill.
                          2. Let him leave the country without passing through US immigration (in other words no record of him being here. this second choice is a trickey one and may catch with him even if he succefully comes back into the country legally.
                          3. Leave and take the ban. VEry undesirable.

                          Sorry, I cannot tell you anything more appealing

                          Originally posted by Kerri:
                          I should have been clearer; he did come here illegally, without inspection & has been here for 5 years this month. I have talked to a bunch of lawyers and have been told that if we get married in the US that I have to file a waiver here, it will get denied and he will be send home and put on a 10 yr ban. There is a waiver (forgot the name) to file to override the 10 yr ban but it can take up 1-3 years (so I have been told).
                          I personally want him to sneak back out, for myself to go there on "vacation" meet him, marry him and file for him to come back that way. However I was told that in the interview in Brazil he has to prove money income, housing etc for the past few years in Brazil.
                          I have also been told to wait for amnesty which once a new president has been elected will most likely be one of the top things up for discussion.
                          I am looking for someone who has gone through this. Who has either filed the 10 year ban waiver or married someone in another country and brought them back.
                          Thanks for all your input I honestly appreciate it.
                          Kerri

                          Comment


                          • #14
                            God I am praying there is a new bill proposed. I just keep thinking we are good people who are generally in love and the thought of this NOT working out is unfathomable. I appreciate your input even though it is not what I want to hear, LOL.
                            Thanks

                            Comment


                            • #15
                              Hi, I'm new here and new to forums in general. I'm a U.S. citizen married (and in love) with a man from Mexico who entered EWI but goes under a different name here. He's never had anyone petition for him. I was wondering, would it be possible for him if he only came here for a few months to go home, then get a three year ban, and then come back. After the three year ban, what happens? I would live in Mexico with him for three years if I thought there was a decent shot at him getting papers.
                              Also, now in 2008, what are the chances of getting a waiver accepted? Is there a percentage that go through? I'd spend my life savings if I had a shot.
                              Lastly, I was wondering if there are any groups of people in my position who are lobbying or trying to change the law, or at least bring attention to it. I feel like everyone assumes that marriage equals a visa even though the law has changed and it isn't true.
                              I just want to know what I can do. I feel very alone, and since the area I live in is intensifying (regarding the amount of border patrol) I feel very scared and panicky and keep having nightmares about my husband getting deported.
                              Any help appreciated.
                              Holly

                              Comment

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