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  • Need help or Comment

    Here is the details of my case, please help or comment if possible.

    I came here with my parents on a visitor visa when I was 7 years old. We over-stayed our visas, and have never left the country. Our passport was lost or stolen (biggested mistake made). I am 23 years old now and plan on marrying my college sweetheart of the last 3.5 years. She is a US Citizen. In order for any AOS one must show proof of entry made through inspection. I cannot do that because our passport with our visa is missing. We also dont have the tickets or anything other proof, since it has been over 16 years. Law states that if someone is here without inspection they must leave the country and file through there. HOWEVER, before April 30, 2001 one could pay a $1000 fine and adjust status in the US even if he or she had entered the country illegally. That is however not valid becaues the law changed after April 30, 20001.

    Here is where its tricky.

    My grandparents are citizen and they petitioned for my parents with a prioriyt date of December 2000. During December 2000 I was under the age of 21 years, which means that petition also includes me as long as I am not married. That petition, we think, is going to take 2 to 4 more years.

    Here is what I am asking for people to comment on.

    I checked with lawyer and he said that, since I am included on the petition from my grandfather with the priority date of December 2000, I am included (grandfathered) to the law that allows me to adjust status in the US even though I am illegal, as long as I pay the $1000 fine. I am posting this because this was something that might help many people out there. If you have any question please ask me, I have spent lots of time and $$$ with this matter, and if there is something I need to know, please advice or comment.

  • #2
    Here is the details of my case, please help or comment if possible.

    I came here with my parents on a visitor visa when I was 7 years old. We over-stayed our visas, and have never left the country. Our passport was lost or stolen (biggested mistake made). I am 23 years old now and plan on marrying my college sweetheart of the last 3.5 years. She is a US Citizen. In order for any AOS one must show proof of entry made through inspection. I cannot do that because our passport with our visa is missing. We also dont have the tickets or anything other proof, since it has been over 16 years. Law states that if someone is here without inspection they must leave the country and file through there. HOWEVER, before April 30, 2001 one could pay a $1000 fine and adjust status in the US even if he or she had entered the country illegally. That is however not valid becaues the law changed after April 30, 20001.

    Here is where its tricky.

    My grandparents are citizen and they petitioned for my parents with a prioriyt date of December 2000. During December 2000 I was under the age of 21 years, which means that petition also includes me as long as I am not married. That petition, we think, is going to take 2 to 4 more years.

    Here is what I am asking for people to comment on.

    I checked with lawyer and he said that, since I am included on the petition from my grandfather with the priority date of December 2000, I am included (grandfathered) to the law that allows me to adjust status in the US even though I am illegal, as long as I pay the $1000 fine. I am posting this because this was something that might help many people out there. If you have any question please ask me, I have spent lots of time and $$$ with this matter, and if there is something I need to know, please advice or comment.

    Comment


    • #3
      I'm neither a lawyer nor an expert on this particular situation. It is my understanding, however, that your lawyer is correct; because your original I-130 was filed prior to April 30, 2001, I believe that you're "grandfathered" under Section 245i. You can use the original I-130 petition, but change the basis of your eligibilty to that of spouse of a U.S. Citizen.

      If you can prove that you originally entered America legally, then, as the spouse of a U.S. Citizen, you would not need to pay the $1000 penalty to adjust status under Section 245i.

      Should you be unable to prove that you entered the country legally, then you will need to pay the $1000 penalty in order to adjust your status.

      As an aside: I wish that those parents who bring their children to America with the intention of immigrating illegally, would be made to realize the difficult situation that they create both for their children and for America. It is time that the United States take border security much more seriously, and also enforce immigration laws internally and in the workplace.

      Comment


      • #4
        Thank you very much SunDevilUSA, it is very comforting to know that this will work out for me. However, I do have other concerns. My fiance is still in college and will not be finished for another 8 months. Will it be hard to prove to the officers why we dont have the same address yet and other documents. We already have phone records, emails. We will however get bank accounts, credit cards, and other documents in our names. Please comment SundevelUSA, you seem to have vast knowledge in this area.

        Comment


        • #5
          It appears that marriage-based AOS interviews are now being conducted within a few months of submitting the I-485 (Application to Register Permanent Residence or Adjust Status), rather than the several years that it used to take.

          If you will not be living with your future spouse for several months following marriage, and if you're not living together at the time of the AOS interview, this will certainly be a complicating factor. Your application will not necessarily be rejected because of this, but you would need to have a VERY COMPELLING reason as to why you are/were living separately.

          The officer is likely to question why you didn't wait until you were able to live together before getting married, especially given the relatively short period of time that your fiancee will continue to be in college. This is not an insurmountable challenge, but one that you will have to give careful consideration.

          Comment


          • #6
            Thanks again SunDevil.

            The situation is that my fiance is in college, so she is living in the dorms. I am living at home with my parents. I am under the impression that I will get my work auth. before my AOS interview. The AOS interview is a few months after the work aut. is issued. As soon as I get the work auth. I plan on moving out where my wife, at that point, will be on my bills, lease, etc. However, she will continue to go to school until she is finished, and then move in with me. So if the interview is before she grads. then she wont be living with me but will be on the lease, etc. If the interview is after her grad. then we will be living together.

            This is a valid situation nothing is being made up. It seems pretty normal that one person takes a year longer to garduate then the other, but can still be married. What do u think SunDevil?

            Comment


            • #7
              Great minds think alike, as that is exactly the reasoning that I would have used in your situation.

              Given that you can't work legally until you obtain employment authorization...and you can't get employment authorization until you are married...it makes sense for you to marry at the earliest feasible opportunity. Even though you may not be able to live together while your future wife finishes her last few months of college, it makes very good sense - for both of you - if you can work legally during this time. Stability is a very important ingredient in any marriage, and legal employment is one of the most stabilizing of factors.

              Also, given that you're planning on moving to the city where your wife is going to school, you may consider having her move in with you. The downside to that, however, is that the disruption of a move might not be good just before graduation exams...again, the stability argument.

              You seem like a very genuine person...America will doubtless benefit from having you as a Permanent Resident...and, in the future, an American.

              Comment


              • #8
                Thank You SunDevil. SunDevil of Arizona State University?

                Actually, I dont plan on moving to the city my fiance is going to school, but to a major city in my state. Here is my timeline:

                1) Get married and apply for AOS

                2) Get work auth. and start working in the major city and get an apartment in OUR name

                After graduation then my fiance will be living with me, but before that she will not, as she will be still attending school.

                Another question.

                Her parents do not know of this marriage, as they will not agree to it because of our religious background. So we are taking steps without them knowing any of this. They will find out about our relationship after her graduation.

                Her dad filing her as a dependent on his taxes, is that going to cause a problem. If I start to work before the next tax cycle I will file as married by seperate and not have my wife as a dependent because she will be under her dads file. If I start work after the tax dates then it is not a problem because we will tell her parents about our relationship.

                Also, what documents are needed from her side for immigration?

                Comment


                • #9
                  In this circumstance, the tax issue is definitely a problem. Once you are married, it is my understanding that USCIS will expect that you file your taxes jointly. Again, I'm neither an expert nor a lawyer, but it seems that USCIS will question why your wife is still a dependent of her parents.

                  It is very unlikely that you will receive employment authorization before the end of this year, so you should be okay for this tax cycle.

                  Your future wife will be out of school before the end of 2006, by which time her parents will know of your marriage.

                  Hopefully others with more knowledge may help on this matter.

                  Comment


                  • #10
                    Your responses are very helpful SunDevil, please continue. My next question is what timeline is followed once we are married and we file the paperwork. Like how long do each steps take, for example getting the work auth., interview,etc

                    Comment


                    • #11
                      WHERE ARE U SUNDEVIL?

                      Comment


                      • #12
                        Other than the timelines that I read on this board, I'm not familiar with how long the process is currently taking. I don't personally know anyone who is going through AOS at this time, and I completed mine a few years ago. My AOS took about 3 1/2 years from the time of application.

                        I believe that AOS is substantially faster now, most often within a year. The delays appear to be in the I-751 process, for the removal of conditions on residency, which seems to take about two years.

                        Once you're married, you should submit your I-485 and I-765 (employment Authorization) simultaneously...your I-130 has already been submitted, as per your previous petition. You will most likely receive the employment authorization before your AOS interview, usually in about two-three months.

                        Comment


                        • #13
                          The I-130 was done for my father, i was not stated or if that is even required because i was under 21years old and um-married. Do i still qualify?

                          Comment


                          • #14
                            Here is my timeline for AOS
                            AOS applied Nov. 22 2002
                            Interview on Oct. 6 2003, got temorary GC stamp, received 2 year GC in 4 weeks
                            Applied for I-751 on July 13, 2005
                            Got approval letter on Oct. 7, 2005

                            Comment


                            • #15
                              Hi JA, thanks for you reply. How long after you applied for AOS did u get your work auth.? Can you please give me more details on what is required at the interview, etc? Am really nerveous.

                              Comment

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