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Out of status, marrying USC

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  • Out of status, marrying USC

    I entered the US on B2 tourist visa visiting my boyfriend who was at H1-B at year 2000, went back to my country befor my visa was expired; 5 months later re-entered with a new B2 visa and we decided to get married so that we could stay together in the US. I had my B2 changed to H4 in Canada. In October, 2001 he got a job offer at Germany, our plan was he goes settle there first and I join him later in 6 months. Unfortunately he got involved with a woman there and we ended our marriage.

    During our marriage my ex-husband set up a web design business for me under his name. After we filed the divorce I planned to go back to my country, but one thing lead to another, I continue staying here even after my h4 was expired. All these years I was conducting a business under his name and file the 1040 under his name too; before he left for Germany he signed a full authorization for me to take care of the business and the joint bank account (the plan was for me to close the business and the bank account then join him in the Germany)- I geuss on this matter I do not violate any US law, but I maybe wrong.

    Anyhow, 4 years has passed (out of status) and I got involved with a man who is USC early this year. We plan to get marriage so that I can legalize my status - We are in loved, so this marriage will be legitimate. We did a search on the internet regarding my chance of getting a gc:

    1. In nolo website, the Sponsoring a Fiancé or Spouse for a Green Card' article under the Inadmissibility: - having spent too much time in the United States illegally.

    2.In another immigration laywer website where the laywer sells DIY kits - GC via marriage. It indicates that (people who have are under this category shouldn't purchase the DIY kits): - Prior to this visit you were previously in the United States without a visa or with an expired visa for more than 180 days;

    Does this mean there is no chance for me to get a GC marrying a USC? A couple of friends who were in the same situation as me said that thing maybe difficult after 911.

    Although illegal here, I consider myself a good resident: I work very hard, pay tax (not under my name), do community work and help non-profit org; I am healthy, stay away from drug and no crimal record (except got two traffic tickets the first year I got my DL). I have a valid California Driver License, a bank account for myself and a joint bank account with my ex. I earn slightly more than my boyfriend (again not under my name but I have document to proof that I am the one conducting the business). Would INS takes these into account?

    Your advice or feedback is appreciated.

  • #2
    I entered the US on B2 tourist visa visiting my boyfriend who was at H1-B at year 2000, went back to my country befor my visa was expired; 5 months later re-entered with a new B2 visa and we decided to get married so that we could stay together in the US. I had my B2 changed to H4 in Canada. In October, 2001 he got a job offer at Germany, our plan was he goes settle there first and I join him later in 6 months. Unfortunately he got involved with a woman there and we ended our marriage.

    During our marriage my ex-husband set up a web design business for me under his name. After we filed the divorce I planned to go back to my country, but one thing lead to another, I continue staying here even after my h4 was expired. All these years I was conducting a business under his name and file the 1040 under his name too; before he left for Germany he signed a full authorization for me to take care of the business and the joint bank account (the plan was for me to close the business and the bank account then join him in the Germany)- I geuss on this matter I do not violate any US law, but I maybe wrong.

    Anyhow, 4 years has passed (out of status) and I got involved with a man who is USC early this year. We plan to get marriage so that I can legalize my status - We are in loved, so this marriage will be legitimate. We did a search on the internet regarding my chance of getting a gc:

    1. In nolo website, the Sponsoring a Fiancé or Spouse for a Green Card' article under the Inadmissibility: - having spent too much time in the United States illegally.

    2.In another immigration laywer website where the laywer sells DIY kits - GC via marriage. It indicates that (people who have are under this category shouldn't purchase the DIY kits): - Prior to this visit you were previously in the United States without a visa or with an expired visa for more than 180 days;

    Does this mean there is no chance for me to get a GC marrying a USC? A couple of friends who were in the same situation as me said that thing maybe difficult after 911.

    Although illegal here, I consider myself a good resident: I work very hard, pay tax (not under my name), do community work and help non-profit org; I am healthy, stay away from drug and no crimal record (except got two traffic tickets the first year I got my DL). I have a valid California Driver License, a bank account for myself and a joint bank account with my ex. I earn slightly more than my boyfriend (again not under my name but I have document to proof that I am the one conducting the business). Would INS takes these into account?

    Your advice or feedback is appreciated.

    Comment


    • #3
      I beg to differ on your criminal record - you have been unlawfully present in MY country for several years, which means about 1300 counts of disobeying our laws. So, I don't buy all that other touchy-feely krap about your community service, etc. What, do you give lectures to other illegals on how to stay in the US? Great, teach others how to break the law.
      I don't consider you a good resident....a resident has a green card....where's yours?

      Comment


      • #4
        Under normal circumstances, the USCIS would forgive an alien's illegal presence married to a USC providing that you were inspected by an immigration official at the POE. However, the USCIS doesn't look too kindly on people to file fraudlent tax returns.............Eventhough, I would never recommend a lawyer to file for the green card, I think for your case you might need one

        Comment

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