ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 10 of 10

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

  1. #1
    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. #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.

  3. #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...

  4. #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?

  5. #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.

  6. #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.

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

  8. #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

  9. #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..

  10. #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.

Similar Threads

  1. out of status who married Green card holder
    By friz in forum Immigration Discussion
    Replies: 22
    Last Post: 02-15-2009, 05:21 PM
  2. Out of status F-1 married to a green card holder
    By Bibah in forum Immigration Discussion
    Replies: 18
    Last Post: 06-19-2007, 07:43 AM
  3. Replies: 12
    Last Post: 06-27-2004, 02:30 PM
  4. Married to Green Card Holder
    By in forum Immigration Discussion
    Replies: 4
    Last Post: 08-23-2003, 03:10 PM
  5. Canadian-Married to green card holder
    By in forum Immigration Discussion
    Replies: 4
    Last Post: 05-17-2003, 11:33 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: