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We just got married!!! Now it's time to file the papers... pls help! :-)

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  • We just got married!!! Now it's time to file the papers... pls help! :-)

    Hello! Me and my wife just got married!!!
    Ive been reading for hours and this discussion board has proven to be very helpful. While there were many discussions on topics relating to marriage, it appears to me that there has not been issues raised that are very similar to mine which prompted me to post my own querry. I request Sammy and Hans, and all the people with similar experiences and knowledge to please take time to response.

    Here is our situation:
    I came here on visitor's visa.
    I met my USC wife here in the US.
    We got married before my visa expired.
    My visa lapsed 4 weeks ago and we haven't filed yet since we're still organizing the papers and waiting for some documents from my country.

    Questions:
    1. Am I considered illegal? floating status? Will it affect, in anyway, my process for AOS?
    2. How much is it to seek an attorney's help?
    3. Does anyone know how long is the wait for the Missouri Service Center?

    Thank you in advance!

  • #2
    Hello! Me and my wife just got married!!!
    Ive been reading for hours and this discussion board has proven to be very helpful. While there were many discussions on topics relating to marriage, it appears to me that there has not been issues raised that are very similar to mine which prompted me to post my own querry. I request Sammy and Hans, and all the people with similar experiences and knowledge to please take time to response.

    Here is our situation:
    I came here on visitor's visa.
    I met my USC wife here in the US.
    We got married before my visa expired.
    My visa lapsed 4 weeks ago and we haven't filed yet since we're still organizing the papers and waiting for some documents from my country.

    Questions:
    1. Am I considered illegal? floating status? Will it affect, in anyway, my process for AOS?
    2. How much is it to seek an attorney's help?
    3. Does anyone know how long is the wait for the Missouri Service Center?

    Thank you in advance!

    Comment


    • #3
      Hello Newlywed,
      I'm not a lawyer so you can take my advice with a pinch of salt if you like. Your situation sounds something like what happened to me whereby my visa ran out before I got married to a USC. I was very naive at the time with regards to the US immigration law because I actually thought that I was safe from any negative consequences once I was married and like you in the process of filing. However, I did get some free advice from a lawyer....yeah FREE!!!!

      1)First things first: You are now an ILLEGAL ALIEN........try and move as fast as you can to file your adjustment of status.Due to the change in the immigration climate more and more enforcement agencies are sharing information so if you were to get stopped by the police they could report you to the BCIS. However, the chances of this is very slim so it is something you should not worry about but just be aware of.
      2) Your case is seems very simple so you do not need to spend money on hiring a lawyer. Not a lot of immigrants know that immigration lawyers are only needed in sticky situations. Filling out the application is not rocket science. If you need advice about how to fill them out just ask anyone on this site including me. The funny thing is as I was illegal for about 2 months, my wife went down to our local office and the BCIS did everything that a lawyer would do for you by checking the forms you have filled out. More importantly though, by getting the BCIS to check the forms before you mail them, should reduce the chances of them getting returned by the service center.
      3)VERY IMPORTANT: Do not under any circumstances leave the country until you have had your green card interview. Whilst you are waiting for your green card interview there is an option of "ADVANCED PAROLE" (travel documents) which can be filed so that you can leave the country for a short time and return without any consequences. HOWEVER, the Advanced Parole does not guarentee re-entry at the border and in your case you are likely to be deported because of the history of illegal status that you possess and despite having an application pending. Its a crazy thing.........why issue a re-entry permit if it doesn't guarentee re-entry?

      4) I don't know anything about the Missouri service center. I think that it is a new center so that make things a lot quicker for you

      5) After you file you should have your EAD by no later than 90 days from the receipt letter you will get from the BCIS when they get you adjustment of status application. If for some reason you don't get it, I believe that it is possible for you to go down to your local BCIS office and demand it. You wil have to check on that one.
      6)The length of time it took from mailing the application to getting my green card interview was about 9 months though it ended up being 12 because I moved jurisdictions.
      7) Do not take a lawyer to the interview unless you have something to hide.

      Anymore advice just drop me a line.

      Comment


      • #4
        Hey Paddy, how is it going for you? Hanging in there okay? If you hear any more on your case, I sure would love to hear about it, that is if you don't mind sharing with the rest of us.

        I just want to wish you best of luck, but it sounds as if you have your head on straight with a lot of patience, so I really think you are going to be fine.

        By the way, nice detailed post above. Good work!

        Take care, Paddy!

        To the Newlyweds: Congratulations and best wishes !

        Comment


        • #5
          Your current status is illegal, but your marriage to a U.S. citizen will cause the BCIS to forgive that status. Please feel free to contact me about filing the AOS package.

          info@myronmorales.com

          Comment


          • #6
            Hi feed me, thanks for asking.....I will discuss everything with you guys when something happens with my case. As for mmorales, he is right about the BCIS forgiving illegal status. However, that only occurs once you file the papers and have got a receipt from the BCIS. The advance parole issue that I mentioned before still stands.....the BCIS forgives illegal status but they will likely refuse re-entry if you leave the country unless you come across the border thru vermont from quebec.....where they never seemed to check IDs.....which made no sense to me especially in the current climate

            Comment


            • #7
              Conrgrats newlywed. I met my wife the same way. She came here on visitors visa and we married 3 days after her stay expired. Since you married a USC, you will be forgiven for the overstay. Just file as soon as possible. You have to get your EAD to work as well as AOS. Only advice I can offer is to be patient. It may take a while. For my wife and I it took from filing to interview...9 months. And in between that time making lots of calls to other agencies such as social security and motor vehicle agency. You need to start showing your marriage on paper. Utility bills, lease, bank statements or loans in both names. Pictures and other proof to show the relationship is valid. I brought two bags of proof and all that waslooked at was bank statement and wedding al***. The BCIS seemed interested in when we met, and did we know each other before she got here. If you knew her before you arrived here, and they find out that could make things harder. But file as soon as possible. You don't need a lawyer. The forms are not hard. I did hire a lawyer and he did nothing at the interview, but it did give me a little comfort knowing he went over the applications. After reading many posts here, it seems that getting the green card is not that long, but removing the conditions from the conditional green card that seems to be a very lengthy process.

              Comment


              • #8
                Thank you guys for replying to my questions! I appreciate them very much. However, there seemed to be a common misinterpretation regarding my scenario. I got married BEFORE my visa exprired but since it takes quite some time to gather papers (from my country), my visa has recently expired before we mailed the forms to the INS. Am I still considered illegal?

                Would love to hear from you all again.

                My wife and I would like to thank you for your best wishes!

                Comment


                • #9
                  Mr. Myron Morales,

                  I sent you an email via info@myronmorales.com but it was returned to me. This happened twice. Do you have an alternative email address?

                  Thank you very much.
                  Have a nice weekend!

                  Comment


                  • #10
                    Hi Newlywed,
                    It is unfortuately irrelevant that you got married before your visa expired. YOU ARE STILL ILLEGAL.........which is why you have to get your application for adjustment of status filed ASAP. Once that is done, then you will be fine unless you leave the country under the circumstances I mentioned above. If I were you I would try and find some way to get the documents you need from abroad faster.

                    Comment


                    • #11
                      Once again, thank you for your replies!

                      I was going through the forms and I was confronted by a problem regarding Affidavit of Support.

                      My wife is a full-time college student and works for cash. I am not working since I do not want to commit an illegal act seing that I dont have a work permit.

                      a. We live with her mom, can she fill up the Affidavit of Support?
                      b. Can a friend file the Affidavit for us too?
                      c. Can my relative from another state file for us?
                      d. Can my relative in another country file for us?
                      e. Do you advice to use more than one of the above to better our chances?

                      Comment


                      • #12
                        One of my friends had his mother-in-law fill out the affidavit of support, and didn't have any problems. Don't know about the others, though. It'll certainly help if the person offering support lives in the same household as you.
                        As an alternative to getting a lawyer, you might consider the various pre-paid legal services out there. My fiance and I don't have the money for a lawyer, so we're probably going to go the pre-paid route, just for peace of mind. They charge between $25-$30 a month, and will review your papers at no additional charge provided that each document is 10 pages or under in length. Since we're getting married in a few months, we're thinking of signing up in the month that we get married, having our papers prepared by then and have one of the lawyers in the program look them over and make sure everything's ok. I don't know about other states, but in New York (that's where we are), the lawyers who handle immigration for the program we're looking into are very reputable.
                        Also, how much do you make? Do YOU make enough to satisfy the requirement? Because you're allowed to use your own income/assets to show evidence that you can support yourself. My fiance is working solely on commissions, and since he is still building his business, he doesn't make enough to satisfy the requirement, and I support both of us anyway. When I consulted a lawyer friend, she told me that I could easily use my income as evidence of support.
                        If I am wrong in any of this, I'd really appreciate someone's correcting me since we're going to be going through the process shortly, and if I'm misinformed, then I'd want to know as soon as possible. But on the basis of the knowledge that I have now, this is possible. So good luck!

                        Comment



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