I love an Illegal - Help with best course of action . . .

[MajMikeW]

My fiancee came to Canada from Indonesia for a 6 mth stay around 4 years ago. She came to the US soon after being in Canada and has been here since working (misled about status). We want to marry and have her here in the US with me, of course.

A. If we can get her to Canada a) will they let her in (to fly home), and b) will the US somehow note this exit and hit her with a 10 yr ban?

B. Or, should we marry here and now, and file a I601 waiver to keep her here. I am completely disabled (VA and SSN) war veteran, and my medical issues should make a waiver possible I believe (need daily assistance, and no one else to do it).

If B. then: We want to start a family soon. Given that, would a pregnancy now help with the I601 waiver? Surely it would, but does anyone know for sure.

Her passport expires in September, so the clock is ticking.

Any help given would be greatly appreciated, this woman has my heart completely.

[aneri]

did she get I-94 (a small white paper) when she entered the US from Canada?

Are you US citizen? If yes, you two can marry, and file "adjustment of status" package in the US, if she has a proof of legal entry. She could be able to get resident status without waiver.

What do you mean by "misled about status"? Has anything ben filed for her before?

[HBKHBK]

To tell you the truth,
If someone is theis country already illegally for few years,she violted the law for few years.

U need to understand,getting married to someone that is already illegally won't make her legal,nor will it make her stay here either.

[templar]

Originally posted by MajMikeW:
My fiancee came to Canada from Indonesia for a 6 mth stay around 4 years ago. She came to the US soon after being in Canada and has been here since working (misled about status). We want to marry and have her here in the US with me, of course.

A. If we can get her to Canada a) will they let her in (to fly home), and b) will the US somehow note this exit and hit her with a 10 yr ban?

B. Or, should we marry here and now, and file a I601 waiver to keep her here. I am completely disabled (VA and SSN) war veteran, and my medical issues should make a waiver possible I believe (need daily assistance, and no one else to do it).

If B. then: We want to start a family soon. Given that, would a pregnancy now help with the I601 waiver? Surely it would, but does anyone know for sure.

Her passport expires in September, so the clock is ticking.

Any help given would be greatly appreciated, this woman has my heart completely.

If she entered US illegally, no matter what choice of actions you choose, she will have to leave the US (most likely will have to wait at her country of citizenship) to have any chance for gaining the legal status. I601 waver is processed at the embassy.

Her pregnancy will have no effect with the waver. That is because mother has to go outside the country to process the waver no matter what, and obviously, the baby will be with its mother. So, it has no bearing on your hardship, and as such, is irrelevant.

[Someone12]

why do we need another border-jumping visa cheat? Ship her sorry irresponsible behind back to Indonesia....she obviously has NO respect for the laws of any country....just more pond scum.

[MajMikeW]

aneri

I am a US citizen by birth. She did not get an I-94 when entering US, apparently they were not checked at the border. "Mislead by status" means she was unaware of the ban she would incur by being in the US without the proper paperwork, bad advice.

HBKHBK

Agreed, she has violated the law. I know a marriage will not make her legal, but with my medical problems will it not be helpful with the waiver? I really do need her help all the time to get by.

templar

I understand she will have to leave during the app/waiver process (voluntary departure), again I ask if the marriage and child (possibly, and please remember we wanted one already) will be powerful when applying for the waiver? (Because of my health)


Thanks for any constructive help you can give.

[aneri]

Originally posted by MajMikeW:
She did not get an I-94 when entering US, apparently they were not checked at the border..

If she gets some good proof of legal entry ( does she have the stamp in the passport?), it could be possible for her to adjust status in the US (become permanent resident) without leaving and without the waiver
Talk to a lawyer.

[MajMikeW]

aneri

She has no proof, some attorney has already told her she's screwed on that. I'm not sure exactly what happened but it seems she was asleep in the car when her friends she was visiting in Canada crossed into the US. She wound up remaining behind and working, and now we face the dreaded ban.

I know that she is in the wrong here, but I love her and want to keep her here with me. BTW, we had already decided to get married and start a family, so I am NOT doing that just to keep her.

Her passport had the Canadian Visa but no US marks at all, and it expires in September so we have time pressure as well.

Here's what I'm thinking, that after we get married we can self-report and do a voluntary departure, then get a waiver based on my medical conditions.

Comments?

[aneri]

Originally posted by MajMikeW:
Here's what I'm thinking, that after we get married we can self-report and do a voluntary departure, then get a waiver based on my medical conditions.

No need for formal voluntary deportation. When you file I-130 you put down that she'll be going through consular processing in her country. When the papers reach the consulate (or some time before September), she should just leave the US. She'll be denied visa (for overstay, and maybe illegal entry), and given the opportunity to submit the waiver.

[Someone12]

so this border jumping,law breaking, irresponsible illegal alien is the ONLY person out of nearly 300,000,000 living in the US that can 'assist' you? why do I find that statement ludicrous? Your medical conditions happened long before she decidede to thumb her nose at our laws....so some kind of hardship waiver seems remote....and somehow I feel that there are at least a couple of nurses currently living and working LEGALLY in the US that could provide assistance.....

[librada]

If she entered US illegally, no matter what choice of actions you choose, she will have to leave the US (most likely will have to wait at her country of citizenship) to have any chance for gaining the legal status. I601 waver is processed at the embassy.

Her pregnancy will have no effect with the waver. That is because mother has to go outside the country to process the waver no matter what, and obviously, the baby will be with its mother. So, it has no bearing on your hardship, and as such, is irrelevant.

"waver" and "waiver" are words that may sound the same but with unrelated meanings.

maybe you meant the latter.

[MajMikeW]

librada

Good catch - thx. Definitely "waiver".

aneri

So we could start the I-130 and just make sure she departs before passport expiration and the consular processing in her country? Then she will be banned at departure and the waiver process can begin?

What if I take her to Canada and get them to let her fly home (Toronto was her entry point)[if they will let her in to fly]? Will the US have official notice she entered/remained illegaly considering they do not now? If successful then we just apply for a fiancee/marriage Visa while she's in Indonesia?

someone

This is the woman I love and who loves me, we understand she's in the wrong and I am trying to figure out the best course of action to fix the issue. If we must be separated for months to pay our debt so be it, but in the end we will be together. BTW, I have multiple Purple Hearts and my medical problems are combat related, so if anyone has earned to right to add a US citizen I believe I am among them. And yes, a loving spouse beats the hell out of a home nurse anyday.

[aneri]

Originally posted by MajMikeW:
So we could start the I-130 and just make sure she departs before passport expiration and the consular processing in her country? Then she will be banned at departure and the waiver process can begin?

That's my understanding and what most people, who entered the US without the inspection, do. She did enter legaly and it would be far the best if you find a way to prove it and keep her here... The proof has to be accetable to USCIS.

Will the US have official notice she entered/remained illegaly considering they do not now?

The petitioning process requires diclosing everything in detail, starting from how you met. So, if she has never been here...what do you say? I understand your thinking, but forget about it - never ever lay to USCIS. If you do, it will come back and bite you when you least expect.

Most countries don't care about alien's status when he/she is leaving the country. I have no experience with Canada...

[templar]

I don't mean to be cynical but I have a hard time believing your fiance's true motive. An Indonesian woman is here out of status and wants to marry a disabled veteran, fully knowing that she would be required to be a sole caretaker. That's not something a normal woman does unless she is a Mother Teresa.

I don't know how long you've known each other, but that kind of devotion and unconditional love would require, at the least, years of bonding and shared experiences.

Are you sure that she'll still be devoted to you as a caretaker after she obtains her green card? The common sense suggest me she is marrying you not for love but for a green card.

[ProudUSC]

I am in complete agreement with you, Templar. It smelled fishy. Not too many Mother Teresa's out there willing to take on a caretaking role without receiving some major benefit (i.e., greencard).