''Exceptional Hardship" and the 10 year bar

TO: Jnaed

Both spouses must need to submit form G-325A, as far as the information given on this form is concerned, INS never check or do anything because this form is just for a record purpose only. However, it does provide them the information about a person who is working here illegally which is a violation of immigration law, but they never, never, never take any action in this regard and even though it tells them that the person is working illegally or overstayed, they knew that under the immigration laws these kinds of violations are forgiven automatically(without the need of filing for a waiver) as long as someone has u.s.citizen spouse.

Do you honestly believe that INS has that much time or staff to go after everyone to check each person's legal status or catch them at their work specficially when they only takes only 10-20 for a marriage interview after knowing that 92% marriage cases are fraud? During my internship, i came to know hundreds of couples who have similiar questions/concerns like yours and they were worried so much worried that they even could not think right at that time, and during the whole processing time (2yrs) of their application, it was a nightmare for them in thinking about what should, could, would, but when they came out in 10 minutes after the interview without being asked any questions with approval, they did not believe it for real that they were not even asked any thing except applicant's fingerprint of index finger and their signature. So, hang in there. 99% applicants are in same situation as yours. You should not be worried as long as there is no criminal problem out there in the record.

The instructions on the I-130 say to fill out one G-325A for yourself and a seperate one for your husband. You can download one from the INS website that you can fill in on your computer then just print out. It prints out 4 copies, all of which have to be sent in together. I made photocopies of the whole thing when I got done and put it in a binder. It's always good to copy everything for your records, especially when it's something so important.
You also have to send in a copy of your passport or birth certificate to prove your citizenship. You need to enclose a copy of your marriage certificate. I just sent in a photo copy of ours, since the instructions didn't specify whether it had to be official or not. (If you or your husband were ever married before, you also need to include proof that the prior marriage was ended by either divorce or death.) The packet I mailed was 16 pages, including the photocopies of our marriage certificate and my passport. It took about a week and a half for the check to clear, and about 2 weeks after that I got a notice in the mail from the US Department of Justice. It's an official-looking doucment that gives the type of petition filed, the "reciept number," and the date recieved. Below it says that we will be notified as soon as a decision is made on the case and says that it will take around 825 days. There is also a number you can call to check the status of the application. I've called it a few times, but thus far have only gotten a recorded version of the exact same thing that is written on the the reciept. I've tried to check it on the INS website, but it never works for me. I think it might have something to do with were in the country it was filed.
On the instructions for the 1-130, it tells you were to mail the application depending on what state you live in. I mailed in the entire, packet, just to be safe, but I'm not sure if it's necessary to mail the "intructions" part. Make your check payable to US Immigration and Naturalization Services. They actually changed their name to something else, but I don't think it will really matter if you write the check out to the new name or the old name.
Just try not to worry too much. I know that it's hard. I struggle with it, but I know that Sammy is right. He makes a lot of since. I'll be keeping you and all the others who share our situation in my prayers. :-)

PS If you don't mind my asking, what part of Mexico is your husband from? Mine is from the west-coast state of Colima. And what part of USA do you guys live?

Thanks for your help, both of you. Bonnie, we are in Oregon, husband is from Mexico City. If you care to personally email me, Bonnie, my email address is jnaed@yahoo.com. thanks

Sammie, why is G-325A needed?

Biographic Info