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  • marriage question

    i am getting married early next year, i am out of status and i know we need to file all the paperwork. my question is how long after we get married should we file the papers and how soon afterwards can i apply to work, and one more question, after we file, how long does it take for the INS to ask us to come in for the interview. thanks in advance.

  • #2
    i am getting married early next year, i am out of status and i know we need to file all the paperwork. my question is how long after we get married should we file the papers and how soon afterwards can i apply to work, and one more question, after we file, how long does it take for the INS to ask us to come in for the interview. thanks in advance.

    Comment


    • #3
      You are out of status. It is advisable that you consult some good Immigration Attorney before filing for your legal papers. Otherwise, you must wait till Section 241(i) is further extended, as is expected.

      Comment


      • #4
        Lawyer......Baloney!! I did it, so can u. File immediately after you get married. When you file also file the EAD - employment auth document. You will receive an appt. to go in and get the EAD within about 90 days from the filing date, as my husband did. After that you will be working and waiting to get appt. for fingerprints and get vaccinations/medical exam done at approved location. After that you just make sure you renew your EAD 90 days before it expires (you pay each time) so you stay employable. Then you just wait for your interview. This is backed up. We are still waiting for this. GOOD LUCK AND GOD BLESS U.

        Comment


        • #5
          You are telling people "GOD Bless" here and then you are cussing at me without even knowing me on the other thread, I couldn't figure out this behavior...

          Comment


          • #6
            To Vero:
            As you mentioned it is very easy to fill the papers and file them with the INS. But her problem is she is illegal/overstayed, so she can have a problem with the INS. There is no Amnesty right now like 245(i). As such she can not adjust status here by paying a penalty of $1,000.00. Either she should wait or seek services of some good Immigration Attorney.

            Comment


            • #7
              Umesh Passi ,he is just overtayed visitor visa i think.
              only if u enter illegaly there is no hope for now

              Comment


              • #8
                umessi, you're talking bulls..
                She can file her papers. She is out of status not illegal as it sounds. If she entered legally to the U.S. she can do the paperwork without any problem.

                Comment


                • #9
                  It is my opinion. If she has overstayed more than 180 days then she will be excludable for 3 years and if her overstay is for over one year then she will be barred for 10 years. If her husband is USC, then she will have to file for a waiver, which is a legal process. If the provisions of 245(i) are extended then there will be no problem for her, she could adjust her status by paying a penalty of $1,000.00. But unfortunately, she can not avail benefits of Section 245(i).

                  Comment


                  • #10
                    Umeshi, Learn a little more about immigration before passing opinions as learned.

                    Though of course your advice to get a lawyer is correct.

                    Traditionally, INS (as required by law) has been kind to U.S. citizens and will give a waiver to the spouse of a U.S. citizen if the spouse originally entered the country legally.

                    The new INS policy of putting national security before all other issues may change things.

                    Comment


                    • #11
                      May be I don't know too much about Immigration but whatever I am talking about is from the new rules and regulation being formulated by the INS and DOS. After 9/11 there are lot of changes in the Immigration Laws. It used to be very easy for people who had entered legally in this country to adjust status after marrying a USC. But now there is bar for 3 years and 10 years for overstaying. So it is always safe either to hire services of some good Immigration Attorney OR wait till 245(i) is extended.

                      Comment


                      • #12
                        all is forgiven if your marry a usc even after 9-11 , this i learned through a consultation..

                        Comment


                        • #13
                          "The new INS policy of putting national security before all other issues may change things."

                          i dont think they will ever change this law.

                          sure,overstay and mary USC citizen is not easy in these days (3-10 bar,long waiting times...)
                          but i think it will be always possibile to mary (and get GC) even if u are overstayed

                          Comment


                          • #14
                            Yes, if your marriage is real it will be possible to get your GC. But don't think that those guys at the INS are stupid, because you don't know the statistics about those who get caught.
                            INS has its tricks and knows how to screw you and if you knew how many peole they catch on the act, you peole would think twice before you get into a fake marriage.

                            Comment


                            • #15
                              There has always been a 3/10 year ban but that is if you leave the country after an overstay.

                              As long as they stay here until all their paperwork is processed they'll be fine.

                              Get married, file your paperwork asap, and wait. Do NOT leave the country until you get your green card.

                              Good luck!

                              Comment

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