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thedaniell

US Permanent resident marrying illegal boyfriend.

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Filed: Other Country: Brazil
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I am a permanent resident, I still have to wait 2 years to become a citizen. I met an European guy 2 years ago and now we have a serious relationship. I never knew he had no documents until just the other day. He's been here in the US for 18 years. He has a SSN, and at some point he had a green card but his process wasn't successful and eventually he got a deportation order. But he never went back to Europe. It never crossed my mind that he had no papers because he has a very good job and he has Perfect credit score. Being his boyfriend, of course I want to help him solve this issue.

I am not sure if marrying him right now would help at all since I'm not yet a citizen. His case is complicated and I am not sure how to proceed. What should we do?

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Filed: Citizen (apr) Country: Argentina
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hi

it doesn't matter if you are a LPR or USC, since he has a deportation order, unless it is administratively closed somehow, he cannot file the waivers in the US

he will have to have his interview in his country, be denied and then file the waivers and you do the hardship letter

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Filed: Citizen (apr) Country: Argentina
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hi

he should find out, plus he will need the documentation to prove that the deportation was closed

and you would need to be a USC for him to file the waiver i601A

still the interview will be in his country of origin

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Filed: Other Country: Brazil
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​He told me that his lawyer has that Info, about his deportation being cancelled. Why would he have to go to his country? He's got nothing there, no family, no home.. his life is here and if he couldn't enter the USA again he would be really screwed

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Filed: Other Country: Canada
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​He told me that his lawyer has that Info, about his deportation being cancelled. Why would he have to go to his country? He's got nothing there, no family, no home.. his life is here and if he couldn't enter the USA again he would be really screwed

He'd have to go back because that's how the process works. The USA doesn't care that he's got nothing there. His life may be here but he has no legal means of it being here. Edited by Transborderwife
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Filed: IR-1/CR-1 Visa Country: Jamaica
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If OP files as an LPR the bf would have to go back for the interview in his own country. I think the issue with this is bf has been here so long a ban would be triggered once he exits the country..

As a citizen OP can file to have bf adjust status and file the appropriate waivers without leaving the country.

At least that's what I understood based on my research.

09/27/14 Married :content:

12/03/14 Became a US citizen :star:

. .

02/25/15 130 Petition sent

02/27/15 NOA1 date :clock:

07/23/15 NOA2 date

08/03/15 Mailed to NVC

08/07/15 NVC Received

08/19/15 Case number assigned, submitted DS-261

08/20/15 Paid AOS bill

08/25/15 Received welcome letter

08/25/15 Sent AOS & IV package

08/31/15 DS-261 reviewed

08/31/15 AOS & IV scan date confirmed by Sup.

09/02/15 Received IV bill by email

09/03/15 Paid IV bill

09/09/15 Submitted DS-260

09/17/15 Case Completed @ NVC

10/06/15 Expedite Request sent to NVC

11/12/15 Contacted Sen. Marco Rubio for assistance with expedite by email

11/19/15 Expedite Approved

12/9/15 Medical

12/11/15 Interview (Approved)

12/14/15 CEAC Status changed to AP

12/15/15 CEAC Status Changed to Issued

12/18/15 Picked up Passport & booked hubby's ticket.

12/31/15 Ring in the New Years together after 4 years!!!! :dancing:

event.png

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Filed: K-1 Visa Country: Philippines
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I would definitely obtain the paperwork form your BF's lawyer. Deportation orders do not close if one never leaves the country.

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Filed: Country: Monaco
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It will not hurt you, nor him if you apply. Check out the links below.

http://www.uscis.gov/green-card/green-card-through-family/green-card-family-member-permanent-resident

http://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-november-2015.html

Good luck!

I am a permanent resident, I still have to wait 2 years to become a citizen. I met an European guy 2 years ago and now we have a serious relationship. I never knew he had no documents until just the other day. He's been here in the US for 18 years. He has a SSN, and at some point he had a green card but his process wasn't successful and eventually he got a deportation order. But he never went back to Europe. It never crossed my mind that he had no papers because he has a very good job and he has Perfect credit score. Being his boyfriend, of course I want to help him solve this issue.

I am not sure if marrying him right now would help at all since I'm not yet a citizen. His case is complicated and I am not sure how to proceed. What should we do?

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​He told me that his lawyer has that Info, about his deportation being cancelled. Why would he have to go to his country? He's got nothing there, no family, no home.. his life is here and if he couldn't enter the USA again he would be really screwed

It sounds like either he or is lawyer is being untruthful or there is a very serious misunderstanding going on somewhere in here. I hope for both your sake that it is a misunderstanding and that he's not currently illegal (that he's in the clear as the lawyer said)...however, I also wonder if he or this lawyer simply meant that his deportation was cancelled or closed so he can still fly under the radar as an illegal immigrant. That's not "all clear" that's not having active problems at the moment. But being here without status is a pretty serious problem to have regardless.

But as for "why would he have to go to his country"? Because he's not here legally. You can't adjust status to LPR if you don't have any legal status to adjust from. So he'd have to apply for some sort of legal status first and then serve out or apply to have waived any ban that he gets for illegal presence. As is often the case, a very foolish decision or lack of knowledge is coming back to bite him. It's not easy to fix (but it is possible)

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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