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URGENT BEFORE JUNE28-04

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  • URGENT BEFORE JUNE28-04

    HI, can some one help on what should I do.

    I married my husband on July -03, almost a year ago and I entered the country legally witha my visa, for what I have read I did not get married the way it should be as we did not know I had to go back to my country and wait until my husband got our legal papers ready.

    2 days after our marriage we went to the Immigration office and ask for the correct forms to fill out, they only gave us I -130 and we thought this was the only form, well it wasn't, and I have to blame this office for not letting us know how to do things the right way when we had the chance. We actually got a receipt from the INS of our forms etc.... but now I wonder if I am illegal now, so should I leave now to my country and wait?

    The thing is my visa entry expiered January 04 and I read that if I am now illegal in the country, I talked to an immigration officer and explainded my marriage was on good faith, and we dind not know if I should leave the US, well that immigration officer WAS SO NASTY, RUDE, AND INSULTED ME ON THE POHONE, telling me that I should have not let my Marriage Emotions do the right thing, (the immigration officers think that we are EXPERTS on immigration, and istead of helping people do the right thing they treat you like if you were a scam or what ever.. !!

    I have an 11 year old daughter from my last marriage, she lives with us and goes to school and she is happy in the US, but now I don't know what to do because it's freeking me out that now my visa will be void or cancelled for at least 3 years if I don't leave the country before one Year and of course that my daughter, my husband and I will suffer from this, what should I do... should I go to a lawer or can I stay in the US ? or is best that we wait for at least 3 years away from each other?? I mean how can this be?? it all seems just so unfare and don't know what to do.

    I hope this message is clear.

  • #2
    HI, can some one help on what should I do.

    I married my husband on July -03, almost a year ago and I entered the country legally witha my visa, for what I have read I did not get married the way it should be as we did not know I had to go back to my country and wait until my husband got our legal papers ready.

    2 days after our marriage we went to the Immigration office and ask for the correct forms to fill out, they only gave us I -130 and we thought this was the only form, well it wasn't, and I have to blame this office for not letting us know how to do things the right way when we had the chance. We actually got a receipt from the INS of our forms etc.... but now I wonder if I am illegal now, so should I leave now to my country and wait?

    The thing is my visa entry expiered January 04 and I read that if I am now illegal in the country, I talked to an immigration officer and explainded my marriage was on good faith, and we dind not know if I should leave the US, well that immigration officer WAS SO NASTY, RUDE, AND INSULTED ME ON THE POHONE, telling me that I should have not let my Marriage Emotions do the right thing, (the immigration officers think that we are EXPERTS on immigration, and istead of helping people do the right thing they treat you like if you were a scam or what ever.. !!

    I have an 11 year old daughter from my last marriage, she lives with us and goes to school and she is happy in the US, but now I don't know what to do because it's freeking me out that now my visa will be void or cancelled for at least 3 years if I don't leave the country before one Year and of course that my daughter, my husband and I will suffer from this, what should I do... should I go to a lawer or can I stay in the US ? or is best that we wait for at least 3 years away from each other?? I mean how can this be?? it all seems just so unfare and don't know what to do.

    I hope this message is clear.

    Comment


    • #3
      Is your husband a US citizen or a legal permanent resident? the USCIS will let you adjust your status without having to leave the country if you are married to a US citizen or a LPR. You will have to prove immigration that your marriage was in good faith. You have to file forms I-130, I-485, I-765 and any other forms which go with the above ones. You are out of status now and cannot leave the country while your application is in process.

      Comment


      • #4
        That's right. If you husband is U.S. citizen your illegal stay will be forgiven, but do file all of the above forms at the same time at your local INS office, and do NOT leave the U.S. until you receive your green card.

        Check on the status of your I-130 that you filed already. If it is approved, then you do not need to refile a new I-130. Or if it is close to being approved, like a couple of months, just wait for it, and then file I-485 and the rest. However, Just to be on the safe side, you may want to consider filing a new I-130 with I-485 right away.

        If your husband is a green card holder and not a citizen, then you could only file I-130 and wait till it's approved and you get a visa number until you can file for Adjustment of status (form I-485).

        You can read everything related to it at www.uscis.gov

        DOn't forget to include your child on your applications.

        Comment

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