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Thread: My heart just sank. Please read

  1. #1

    I just now read on this webpage that if the new 245i is passed, people who got married after 08/15/01 will not be eligible to use it to adjust. Somebody please read this. Is this true? My heart just sank. I was married in 02/02. Does this mean that we have no chance? I feel like crying.

  2. #2

    I just now read on this webpage that if the new 245i is passed, people who got married after 08/15/01 will not be eligible to use it to adjust. Somebody please read this. Is this true? My heart just sank. I was married in 02/02. Does this mean that we have no chance? I feel like crying.

  3. #3
    Someone please read this. I am desperate.

  4. #4
    Dear Scared,

    I really feel your hurt and your concern, but please, try not to worry about it so much right now.

    Scared, this is just a first step taken by the Congress. The House has passed their version and then the Senate has to pass its own. It will then go to the joint committee to compromise the differences therein. Then again, it will go to the House and Senates and then when it is passed from there, it will be sent to the President for signatures. If he feels that something more needs to be done, then it will be sent back to the Congress for necessary ammendments.

    Next year Presidential elections are due, so our President will try to reap its benefits. For this reason, it will be effective from now onwards or maybe a future date. So there is nothing to worry about right now.

    To maybe help ease your mind and for others with the same concern, you can write to your Congressmen and Senators providing them with suggestions and addressing them with your problems and concerns if the law is passed in this present form.

    Good Luck, Scared, and just know I will keep you and everyone else in my prayers in hopes this bill will not affect many people, but just benefit them.

    One Heart

  5. #5
    Thanks for our encouragement. I just wrote a letter to my congressman last night. I'm not sure how serious he will take it, though. I looked at his voting record, and although he voted yes in 1997 for the first 245i, he voted no on the last extensio that they had. I think that maybe I will end up living in my husband's country. Perhaps that will be God's will. I try not to stress but I'm a person who has little faith. Thanks for your prayers.

  6. #6
    Hi Scared,
    Reading your message I got just as scared as you are right now.I got married 01/27/02.I guess this means I won't be eligible neither!!!How accurate is your information?
    My husband is thinking to write to our congressman,senate but we are worried if that letter would lead us to serious consequences since my visa has expired.
    Where can I find our congressman's address etc.
    Is it risky to write to them?
    Anyone who reads this message PLEASE Answer,
    Thanks a lot!!!!

  7. #7
    Hey Elidyr, just so you know, if you came in on a legitmate visa, and you are married to a USC, it may actually be possible for you to adjust status under 245(a) even without the benefits of 245(i), and even if your visa and I-94 expired a long time ago. 245(i) is mostly meant to benefit people who are here who came in completely illegally and LPRs with relatives here who are out of status (i.e., those who don't fit under the relatively narrow 245(a) provision, which I believe is limited to the spouse and children of USCs (although it may include parents too). You may want to talk to an immigration lawyer just to see what your options are.

    Aside from that, I agree that any re-enactment that gets passed is probably going to include everyone currently here. Unfortunately, for right now, there is no guarantee that ANYTHING will pass. I think that contacting your congressman and otherwise getting involved in this debate is the best thing you can do, and you may both find that you feel a lot less scared just by getting involved.

  8. #8
    I dunno, but I read that, and it seems to me that it doesn't effect people who have followed the law from the beginning. Am I wrong there?

    It seems that if you filed an I-129F, got married, etc., just like you're supposed to do, then you have nothing to worry about.

    I may be wrong though...

  9. #9
    Yep, Polaris x, you are right. 245(i) is mostly important to completely undocumented folks who came into the U.S. "without inspection," i.e., without a visa, and folks who overstayed visas and are married to LPRs (who, by the way, can eventually become USCs, thus making their spouses eligible for 245(a), which can help a lot of other folks). And, of course, if you are bringing in a fiance or spouse who is overseas, 245(i) is completely irrelevant. Assuming they don't have any criminal issues or prior immigration problems, they can just do consular processing overseas.

  10. #10
    Also, Polaris is right that if you came on a 129F "fiance visa" and got married within 90 days, you don't need 245(i) in order to adjust your status.

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