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  • Getting Married Soon

    Hello, I'm a new member and have learned a lot in reading the wealth of information on this forum. I guess I may not be in too much different a situation from some but I wish to seek advice given my situation.

    I am a USC and met and became engaged to a Mexican citizen living here in the US. She came into the US undocumented almost 10 years ago, several years latter she got married to a USC and then applied for some sort of amnesty in 1996. She paid something like $1500 penalty and was allow to stay in the US. While waiting for her hearing with the INS, her marriage went south (due to mental and physical abuse) and she left (moved across country to get away from her estranged husband) Because she was afraid that her husband would come after her, she never filed any sort of change of address with the local INS office. Now, 7 years later, we meet and she petitions for divorce and is granted a divorce (Husband cannot be found) and we plan to get married in the next year. She is not aware of her status and thinks that she has overstayed since she did not hear anything more from the INS (due to lack of change of address mentioned earlier). She is now a successful businessperson, owning and operating a small business that employs many contractors.

    Now that we are getting married, I want to understand our options of keeping her in the US. I was considering seeing a local immigration lawyer that was recommended to me. Before I do that I am trying to understand what questions to even ask.

    How do we go about checking her status without causing her to be deported?

    Is the conversation with the lawyer a private/privledged matter despite a possible illegal status?

    Could she still be legal despite all these years? If so, what is the best approach to adjusting her status?

    What information would the lawyer need to look into her status (she has no paperwork regarding the filing she made 7 years ago)

    Any advise would be welome. Please let me know if you need additional information to provide some advice.

  • #2
    Hello, I'm a new member and have learned a lot in reading the wealth of information on this forum. I guess I may not be in too much different a situation from some but I wish to seek advice given my situation.

    I am a USC and met and became engaged to a Mexican citizen living here in the US. She came into the US undocumented almost 10 years ago, several years latter she got married to a USC and then applied for some sort of amnesty in 1996. She paid something like $1500 penalty and was allow to stay in the US. While waiting for her hearing with the INS, her marriage went south (due to mental and physical abuse) and she left (moved across country to get away from her estranged husband) Because she was afraid that her husband would come after her, she never filed any sort of change of address with the local INS office. Now, 7 years later, we meet and she petitions for divorce and is granted a divorce (Husband cannot be found) and we plan to get married in the next year. She is not aware of her status and thinks that she has overstayed since she did not hear anything more from the INS (due to lack of change of address mentioned earlier). She is now a successful businessperson, owning and operating a small business that employs many contractors.

    Now that we are getting married, I want to understand our options of keeping her in the US. I was considering seeing a local immigration lawyer that was recommended to me. Before I do that I am trying to understand what questions to even ask.

    How do we go about checking her status without causing her to be deported?

    Is the conversation with the lawyer a private/privledged matter despite a possible illegal status?

    Could she still be legal despite all these years? If so, what is the best approach to adjusting her status?

    What information would the lawyer need to look into her status (she has no paperwork regarding the filing she made 7 years ago)

    Any advise would be welome. Please let me know if you need additional information to provide some advice.

    Comment


    • #3
      Lawyer or you can file under Freedom of Information Act to get case information. Anything said to your lawyer is held atty-client privilege. Your future wife might be subject to a 10 yr bar for anything over 1 yr illegal status. She might be forgiven based on marriage to USC but I would suggest getting a lawyer. Does she pay income tax on her business ?

      Comment


      • #4
        Thanks Julie. Yes she pays income taxes on the business.

        Comment

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