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Thread: Anyone married or in love with an illegal immigrant

  1. #1
    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. #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-

  3. #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.

  4. #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-

  5. #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."

  6. #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

  7. #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

  8. #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-

  9. #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-

  10. #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

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