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Anyone who's been married to an undocument (w/o inspection) person?

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  • Anyone who's been married to an undocument (w/o inspection) person?

    I am married to an man who entered the US without inspection in 1998 and has been here ever since. This was the first and only time he entered. He has not criminal record save for one speeding ticket. Neither of us have been married before. We have been married for a year and a half and have no children yet. I filed an I-130 in March but that's all I've done so far. Is there anyone who is in or has been in a similar situation? I would love to hear about your experiences. I have just been stressing a lot and need some encouragement.

  • #2
    I am married to an man who entered the US without inspection in 1998 and has been here ever since. This was the first and only time he entered. He has not criminal record save for one speeding ticket. Neither of us have been married before. We have been married for a year and a half and have no children yet. I filed an I-130 in March but that's all I've done so far. Is there anyone who is in or has been in a similar situation? I would love to hear about your experiences. I have just been stressing a lot and need some encouragement.

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    • #3
      I forgot to say that I'm a USC by birth.

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      • #4
        Hi Amante! Was any other petition or application for labor certification, etc. filed on behalf of your husband before April 30, 2001? In absence of that, he is not eligible for AOS but instead must go through consular processing. But, as you may already know (and hence probably the stress) that since he has been illegal present for over a year, when he leaves for consular processing, the 10-year bar to reentry will be triggered. So, when he does leave for consular processing, make sure you have a waiver for the 10-year bar prepared. The good news is that since you are a USC, the waiver is very likely to be granted.

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        • #5
          Is Amante Umesh Passi?

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          • #6
            jesse:

            What is consulor processing and what form is used to waive the 10 year bar? thanks

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            • #7
              People entering the US without inspection cannot adjust their status to LPR. He will have to wait till 245(i) has been reinstated.



              http://www.immigrate2us.net

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              • #8
                No, I am not Unmesh Passi. Why would you think that I was? Thanks for the advice Jesse. I am already aware of the ten year bar. What is the paper that I will need to file for the waiver? I was not aware that I could actually apply for a waver before he even left. Also, can I file that paper now, or do I need to wait until the I-130 is approved? Since the I-130 states that he entered without inspection, can I expect him to get an order of deportation soon based on that statement, or will they wait until the application is approved? How long should I expect it to take before I hear back? I filed the application in California in March. I mailed it. Also, some people seem pretty optimistic that bush will sign an extension on that law that would allow illegals to pay l000 and adjust status without leaving. I'm just really worried. I love my husband and if all fails, I will go and live with him in his country, but we both think that there are more opportunities for us here.

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                • #9
                  IMO, I don't think filing was a good idea. It will do no good as he cannot adjust his status untill the extension.

                  The only thing you actually did is inform authorities about the illegal presence of your husband. Chances are slim that they will actually come and get him but still be aware.

                  Good luck.

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                  • #10
                    Amante, You can not file the waiver before he leaves. The waiver is filed with the consulate abroad when he has his interview. After his I-130 is approved, he will get a packet from the National visa center. That's the packet he will have with him in his home country for consular interview. The waiver is filed along with other things that he takes to the interview. The waiver is filed on form I-212. And, no don't file the waiver here. Since the waiver is asking for permission to enter the country before the 10 year period is up, so it can only be filed outside the country.

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                    • #11
                      I know that it was stupid to file it. I just got so frustrated because we can't even open ajoint bank account. We are very lucky that we were able to rent the apartment that we have. It seems like EVERYONE is asking for a social security number these days. He's got a fake one, but we try not to use it ever, because it's against the law, etc. They wouldn't even let him buy one can of beer along with $100.00 worth of groceries, because his driver license is out of state (You can't get one in California without a green card) He's 29 years old, for Pete's Sake, and they wouldn't even let him buy one can of beer!!!!! That is just an example of the crap that we have to deal with every day. My family, who was pretty much against our relationship from day one keeps pestering me about "when I'm going to get him legalized." They just cannot understand that it's not that easy. I'm trying as hard as I can. I spend hours every night coming all the websites I can find. I pray to the Lord that Bush will sign that extension into effect. I'm sick of everyone treating my husband like a criminal. He is this gentle, shy, quite little man who wouldn't hurt a fly. My own mother told me that I commited a crime by marrying him. According to her, that was aiding and abedding an illegal alien. What was I suppose to do? Say, "Well, I love you and you're the man I want to spend the rest of my life with, but I'm going to leave you, because you don't have papaer saying that you were allowed to cross a freakin' imaginary line?!!!!!!!!!" Of all the reasons in the world to end a relationship, that is the most rediculous. I tried to break up with him before we were married because of all the pressure from my family, but every time I couldn't because I couldn't convince myself that we weren't right together. The only reason that I could ever muster was that he didn't have a freakin' Green Card. I'm so sorry for ranting and raving. I really am. I'm just so frustrated. We want to have a baby, but we can't because the future is not at all secure. We can't put a down payment on a house, not even a cheap dump, because you don't have credit when you aren't legal and you can't get it. You can't count wages that you're earning "illegaly" and I don't make enough to do it by myself. We can't go to Mexico to visit my husbands family. I haven't even met his mom or seen his home town and we've been together for almost 4 years!! This is just putting so much strain on me. I know that it's all my fault for marrying an illegal, but at the same time I feel like I didn't do anything wrong, so why should I be punished? My husband is the best thing that happened to me. He was such a good boyfriend and is a great husband.

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