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''Exceptional Hardship" and the 10 year bar

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  • Guest's Avatar
    Guest replied
    Biographic Info

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  • Guest's Avatar
    Guest replied
    Sammie, why is G-325A needed?

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  • Guest's Avatar
    Guest replied
    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

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  • Guest's Avatar
    Guest replied
    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?

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  • Guest's Avatar
    Guest replied
    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.

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  • Guest's Avatar
    Guest replied
    Hi. AS I understand it you only fill out the form for your spouse (i.e. information about you goes in one place, information about spouse in another).

    Only put his social security number down if it was actually assigned to him - or his ITIN if it was assigned to him. If he is working under a false number or someone elses number there is no reason to put it down.

    As for his place of employment that is a judgement call... if he is working illegally then you can put it down or avoid it. there are pros and cons to both. If you put it down there is always the risk that someone will examine it closely and it will cause some sort of problem. If you don't put it down, in my opinion, you are running a greater risk. i.e. you don't want anything to come up later that could jeopardize his future status. i.e. if somewhere down the line they find out that they were "lied" to,. what will the consequences be?

    I don't think that they will examine his place of current employment closely. When we applied we put the names of the places that my husband worked without correct documentation on the G-325A (he lost his job so on the actual I-130 we didn't mention it) and we had no problems because we revealed the information...

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  • Guest's Avatar
    Guest replied
    Yes, thank you Sammy and Bonnie. I am so glad I found this web site, to be able to get some questions answered and talk to people in the same situation. Ok, I am working on filling out the I130, and on the biographical sheet, do I fill out one for myself and one for my husband? And dont put any SS# down for him or even his place of employment? My husband wants his card for the same reasons, to visit his family and to get a decent job worthy of him.

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  • Guest's Avatar
    Guest replied
    Thanks so much for all your advise. Your posts always make me relax. I try not to worry too much about my husband's situation, but sometimes when something reminds me of it, then I get a little stressed. I just want you to know how much I appreciate your advice. It really helps. :-)

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  • Guest's Avatar
    Guest replied
    TO:BONNIE

    Pl do not get disappointed and do not think all the time about yr husband's situation. I have read all the reply posts over here and believe me most of them did not provide a right answer.

    Marriage licence offices are not required to ask anyone's legal status. But, it is true that if you need a driver licence then they are required to ask yr immigration status before issue you a driver licence. It is a fedral law which applies all states. In the view of what happend on 9/11, Fedral govt. is in the process of linking together the computer systems of IRS, Social Security Administration, DMV with the computer system of INS. They have done already with SSA, therefore, if someone goes there for a ss#, they will verify the legal status of that person with INS thru electronically.In addition, SSA is in process to track down those people who are paying ss taxes on their ss#s which are not allowed to work. However, they have done this yet because they lacks sufficient staffs in order to this job.

    Do not give any information to INS which are wrong whether ss# or etc, otherwise they will deny the application. INS will never ask him anything whether he is working or not or anything like that. You do not need to worry about the information you filled on the biograhic forms which might have been showing that he is working, since they will never ask him or you about that since it is just for record purpose only.Pl. NEVER, NEVER disclose any information yourself to the INS which is not asked by them and be specific, short and to the point if they ever ask anything, otherwise you will be damaging the case yourself. Even if yr husband had done some wrong thing in the past or doing now, he can still able to get waiver being married to you. Even though he is illegal, overstayed, and working illegally, it should not be a problem because under the immigration law, these technical violations of immigration laws is forgiven if someone is a spouse of u.s.citizen.

    I personally and strongly believe that he will not have any problem in receiving his green card. You need to be in patience.

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  • Guest's Avatar
    Guest replied
    I did not put my husband's fake SS on the application. We also did not use it to get our marriage license. The only think he uses it for is his job. He also used it to open a bank account, because they will NOT let you open an account without one. My husband has a Nevada driver license. He tried to get one for California, but they asked for a green card.
    When you fill out the 1-130, you need to submit the biographical info for your husband and for you. You also need a passport photo of each of you. I do not know how "safe" it is to fill it out. Before getting married, I went to get info at one of those public help forum places and they told me flat out not to get married at all, because applying for a wedding license would cause him to get deported. The women basically told me there wasn't anything I could do and that I might as well leave him etc.
    If the extension for 485 i is going to come back, then you could wait until then and file everthing at one time, that way you wouldn't have to worry. I probably should have done that myself, but I was just at my witts end and wanted to get something going. My husband doesn't really care whether he gets a greencard or not, he just wants to be able to go back to Mexico and visit his family and friends and introduce them to me (we've been married over a year and I haven't even gotten to meet my mother-in-law yet!) I'm the one who does all the worrying. I'm sick of not being able to do normal things for the stupid reason that my husband is "illegal."

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  • Guest's Avatar
    Guest replied
    hey guys,

    working illegally is one thing but using a fake SS# is another thing...you should be careful, this might put you in trouble...there was that story on this board of a person who filed for cancellation of removal but was then denied because of that.

    good luck

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  • Guest's Avatar
    Guest replied
    Bonnie...thanks for your reply, It sounds like we are in the same situation as you are. My husband is also working with fake papers, I was wondering about putting the SS# he uses on these papers. I didnt know if I should or not, but I guess since it is better to be truthful it should be done. I just discovered this web site and these boards, so am learning things from it. We consulted an attorney last year and she said whe would get back to us and would never return my calls, I'm glad no money exchanged hands. We also went to an immigration counseling office and were told it wasnt even advisable to fill the application out, that it wouldnt be accepted. This was last fall. I assumed it was because of 9/11 and all that business. I dont know. I think I will fill out the I130 and send it in. By the way I'm in Oregon, I see you are in California? Are they checking illegals there at the DMV when they renew licenses? We heard that rumor. Oh, did you also send a biographical form in with the I130? It is hard to know what forms need to be sent. Thanks!

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  • Guest's Avatar
    Guest replied
    Jnaed
    Nobody told me to fill out the I-130. My husband and I went to a lawyer who said he was going to do it for us for 2000.00. We didn't like him and my husband refused to pay 2000.00 for something that seemed so easy. The lawyer was going to put a fake address on the I-130 "just to be safe" even though he assured us that the INS is understaffed and far too busy to come to our small town looking for one otherwise law abiding man.
    I was just fed up and I really want my husband to have his papers so that we can do everyday things, like open a joint bank account, etc. I just filled the thing out and put the whole truth on it. I even gave them my husband's place of work, which he is doing illegaly with a fake SS#. I got a paper saying they received it in March. So far, nothing has happened. I've read a lot and gotten a lot of advice from different people on different boards, and everybody says something different. I'm just trying to be optimistic. Let us know a little more about your situation and the others and myself will tell you what we know and have heard that might be able to help. :-)

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  • Guest's Avatar
    Guest replied
    Hi Bonnie,
    I don't necessarily have any advice, just that I am dealing with a similar situation, only I am in Mexico with my husband, waiting for him to get a K3 or his permanent residency. I have been here for almost a year and a half, and we are still waiting to hear if he needs to file a waiver or not, and they are investigating his record because he had been undocumented in the US before. I, too, am considering having a child, not to improve our chances, but rather because I am tired of BCIS/INS dictating how my life goes. If we were in the US, I probably would have had one already, and I had been putting it off because of our current situation. I personally think that this situation is unfair for a USC spouse, but unfortunately, BCIS doesn't seem to care. I just wanted to reply, because your situation seems similar, and believe me you're not alone.
    Hang in there.

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  • Guest's Avatar
    Guest replied
    May I ask...Did you get advice from any legal people that it was ok to fill out the I130 and send it in? I am in the same situation as you, and last year was told that it wasnt advisable to even send this application in. Please respond, thanks...husband is "desperate" to get this thing going!

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