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Thread: New Questions about EWI Marriage

  1. #1
    Hi,
    I have a few questions I haven't yet found the answers to, though they might be posted somewhere I haven't seen. I'm married and in love with my husband who ewi'd from Mexico. Let's say he were to go back and incur the 3 year ban. What happens after 3 years. Do you apply in the meantime, or are you unable to even apply until the ban is done. Then how long might it take after that?
    My husband has been here under a different name. Is it possible to be here undocumented and still pay taxes?
    We have only been married for 6 months. Have you ever heard of someone successfully completing a hardship with a recent marriage? We are very much in love, but I'm assuming that doesn't count for much. And, if I do need to wait years and years, what are some things I can do in the meantime which would improve our case later (for a waver?).
    Those are a few to start. I'm really hoping for helpful, non-racist responses. I already know all the anti imm comments that are out there, so please: I got the message.
    thank you,
    Holly

  2. #2
    Hi,
    I have a few questions I haven't yet found the answers to, though they might be posted somewhere I haven't seen. I'm married and in love with my husband who ewi'd from Mexico. Let's say he were to go back and incur the 3 year ban. What happens after 3 years. Do you apply in the meantime, or are you unable to even apply until the ban is done. Then how long might it take after that?
    My husband has been here under a different name. Is it possible to be here undocumented and still pay taxes?
    We have only been married for 6 months. Have you ever heard of someone successfully completing a hardship with a recent marriage? We are very much in love, but I'm assuming that doesn't count for much. And, if I do need to wait years and years, what are some things I can do in the meantime which would improve our case later (for a waver?).
    Those are a few to start. I'm really hoping for helpful, non-racist responses. I already know all the anti imm comments that are out there, so please: I got the message.
    thank you,
    Holly

  3. #3
    Hi davdah,
    Thank you for your response. After the three year ban, what visa application would apply to our case? I ask because I'm wondering what our chances would be through that avenue.
    I've read about the hardship waver. I know they are really difficult. I have medical reasons, family and job ties, but is my case impossible with a recent marriage and no children?
    Lastly, it was suggested he use a different name while here so that if he was caught living here undoc (which I know is wrong) and they didn't fingerprint him, there'd be no trace.
    Thanks in advance. I know we probably have different opinions on this matter, and I thank you for your civil response.
    Holly

  4. #4
    Using a different name for an honest purpose is not a crime or unlawful at all. However, using a different name with intent to defraud is a crime and may be actionable.

    I think what most people here are hinting is that he may be a wanted man, or that he used the name to evade inspection at the border or to procure admission under a visa that was never issued to him. Notice that name is only relevant is it tends to hide issues of admissibility (i.e. no visa).

    If that is the case, then he could face many other bars, some of them permanent without a waiver, and even criminal prosecution related to fraud.

    The OP should talk to a lawyer, this is a delicate matter best discussed with professionals.

    -THIS IS NOT LEGAL ADVICE-

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Holly01:
    but is my case impossible with a recent marriage and no children? </div></BLOCKQUOTE>..No, as waivers are also available (and approved) for fiance.

  6. #6

  7. #7
    Thank you all. I'll look at the K3 visa now. My husband has no criminal history, he was just told it was the smart thing to do (to use another name). But he hasn't had to use the fake ID, never showed when he crossed. I'll tell him to get rid of it.
    Houston when you said "Notice that name is only relevant is it tends to hide issues of admissibility (i.e. no visa)." what do you mean?
    Also, to prove that he was in Mexico only until this year, and now is going back (if that is what happens), do I prove that through witnesses? Or through bank account information from his home? At his home in Mexico I don't think he uses a lot of paperwork or documentation for things.
    In 2007, when he was still in Mexico, he tried to get a visitor's visa to come here, but they said he had insufficient funds to prove he wouldn't move here. (even though they barely looked at all the paperwork). He used his real name. Then a few months later made his only EWI, and is here. Does that hurt our case at all?
    Thanks so much all of you for your help getting started on this.

  8. #8
    And now it gets worse. Just now, in talking with my husband, i learned that he cashed a check under the fake name. They had him put a fingerprint of his thumb on the check. So now what? Does that mean his finger print is associated with the fake name? Do they send those fingerprints to the FBI? Or did they just do that in case it was a bad check (which it wasn't).
    Just when you think you're getting somewhere..
    h

  9. #9
    It wasn't a paycheck. It was a big mistake though! Thanks for your response once again. So if it is just used for people passing bad paper, does that mean they don't give it to anyone else unless they need to?
    I hope that is the case.
    h

  10. #10
    What I mean by that is that, according to FAM, they do not care if your name is John or Jium, what they do care about is the admissibility of the individual in question.

    For example, if you use a different the name to fool the background check and prevent them from finding a rape conviction, then yes, that is fraud.

    -THIS IS NOT LEGAL ADVICE-

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