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im married with an green card holder and im out of status..please help

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  • im married with an green card holder and im out of status..please help

    im married with an green card holder and im out of status.if she apply for USC later can she petition me??or is there any hassle if she apply for USC because im an elligal?thank you

  • #2
    A USC can petition for a spouse who is out of status, but only if the alien was admitted or paroled and later went out of status. If the alien entered without inspection (EWI) then the alien cannot adjust status in the U.S. but must apply outside the U.S. The alien must also then apply for waiver for the time spent in the U.S. illegally, e.g. a waiver of the 5 or 10 year bar. The waivers are usually readily available. LPRs cannot apply for an illegal.

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    • #3
      She will have to disclose that she is married and your status. Now, harboring illegal is a crime... but in most cases USCIS does nothing about it. Will it be held against your wife (good moral character?), who knows.

      Once she becomes USC, she can petition for you...

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      • #4
        i entered here with k2 vista.i even have EAD for a year.but now i cant renew it becUSE IM out of status..can u tell me that should i do?should i apply for divors and get married again later?

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        • #5
          no we love each other..shes theone who told me to do this. so every thing can do faster.her grandmother petition her father and she was under age.they give her greencard right when she entered to the airport.

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          • #6
            Whoaa, complications. You entered as a K-2? The dependant of a K-1? So your mother/father did not adjust? Or did you enter on a K-1? K-3?

            In any event, the fact that you did not follow through with the intent of your visa will tell USCIS that you actually intended to marry this guy with the greencard but not the person you or your parent were supposed to marry.

            They will deny your application for fraud even if your greencard husband becomes a USC.

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            • #7
              Someone call CSI. But which one? NYC, LV, Miami?

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              • #8
                Originally posted by federale86:
                In any event, the fact that you did not follow through with the intent of your visa ..
                Where was that stated?

                Originally posted by federale86:
                ...will tell USCIS that you actually intended to marry this guy with the greencard but not the person you or your parent were supposed to marry.
                Acctualy, I think it is good that he did not marry the person his parent (K-1)was supposed to marry. Imagine the mess if he did... And how can you tell that K1 did not marry a petitioner?

                It is just funny how some people like to make concusions based on assumptions. I take it back: it is not funny, it is dangerous.

                Anyway, USCIS makes decision based on facts, and unless one knows the story, one does not have enough facts to say ".. will deny your application for fraud"

                federale86, nothing personal... many people do it here, but I took your post as an example

                It is also a warning to OPs that the answer they will get will be as good as the information provided...

                So, it is up to the both sides to make the best of the situation

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                • #9
                  friz, I don't think that you need to take any drastic steps (divorce)... there are forums that deal with naturalization issues, and I am sure you'll find many people that were in similar situation as your wife (married to illegal)... See what they did and how it worked out for them..

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                  • #10
                    He/she/it can always adjust before the IJ. But it still is fraud. K-1 comes here, does not marry. K-2 accompanying decides to marry a lpr 2 years after entering. Got at least one year of unlawful status to deal with as well.

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