Residency Question

[jeremy06 0]

I am having trouble finding the answer for this question. I need to know if I am married and my wife's status was illegal when we married. Will she be able to remain in the U.S. with me while we apply for the proper paperwork?

[Kez/JWolf 6]

how did she enter the States??? was she inspected? did she get a I-94???

Need more info before I can say anymore...

Kezzie

[one_coolchiq 0]

I am having trouble finding the answer for this question. I need to know if I am married and my wife's status was illegal when we married. Will she be able to remain in the U.S. with me while we apply for the proper paperwork?

---Hi i dnt understand your question as to why you asked if you're married? Can u fill me in on the real situation please?

[slim 1,514]

More info?????

If she's here, take a trip to USCIS office nearest you.

[zyggy 9]

More info?????

If she's here, take a trip to USCIS office nearest you.

Well that would depend on many many factors and details...

Generally, if your spouse's intention at the POE was to get married and subsequently remain in the US, then her entry was fraudulent and therefore would be unable to adjust to a permanent resident.

Remmeber that the burden of proof to prove the entry was not fraudulent is on the petitioner not on the USCIS. If asked, what could you provide to prove that her intentions were not to remain in the US. The USCIS adjudicator's determination would be based on the details of the entry based on the evidence that you provide.

I suggest that you have a consultation with an experienced immigration attorney that deals with family immigration issues to go over your case and your evidence. THe attorney will look over the details and give you legal advice regarding your case. Remember that the case is yours... if you aren't comfortable with the risks, then it's up to you and your spouse to take the steps that involve the lesser risks. A good attorney will not make up your mind for you, but will tell you the pros and cons, show you where the risks are, help to quantify them for you and allow you to make up your own minds.

Edited February 11, 2006 by zyggy

[motu 5]

Contact an immigration attorney at least for an initial consultation and then decide if you want to retain and use him/her. With an illegal stay status of your wife, I think your situation is more complex than of most people on this forum but maybe someone else may have an answer for you. Good Luck

Adding: If she gest sent back home, hopefully she is not banned for reentry - in that case you will be able to do a K3 - If banned for reentry, you will be in much more difficult situation. Good Luck

Edited February 11, 2006 by motu

[jeremy06 0]

how did she enter the States??? was she inspected? did she get a I-94???

Need more info before I can say anymore...

Kezzie

She came here on a tourist visa and later got married. Not to me but recently went through a divorce and we have known each other for a while now and are planning to marry but my concern is that she will have to go back home and come back here on a fiance visa and no tbe able to stay with me here while we wait on status and paperwork.

how did she enter the States??? was she inspected? did she get a I-94???

Need more info before I can say anymore...

Kezzie

Hi, to answer your question she enterd on a tourist visa and did get inspected and I believe she has the i-94.

Im very new to this so forgive me for not knowing more info from the beginning. Thanks though for your help and advice.

More info?????

If she's here, take a trip to USCIS office nearest you.

Well that would depend on many many factors and details...

Generally, if your spouse's intention at the POE was to get married and subsequently remain in the US, then her entry was fraudulent and therefore would be unable to adjust to a permanent resident.

Remmeber that the burden of proof to prove the entry was not fraudulent is on the petitioner not on the USCIS. If asked, what could you provide to prove that her intentions were not to remain in the US. The USCIS adjudicator's determination would be based on the details of the entry based on the evidence that you provide.

I suggest that you have a consultation with an experienced immigration attorney that deals with family immigration issues to go over your case and your evidence. THe attorney will look over the details and give you legal advice regarding your case. Remember that the case is yours... if you aren't comfortable with the risks, then it's up to you and your spouse to take the steps that involve the lesser risks. A good attorney will not make up your mind for you, but will tell you the pros and cons, show you where the risks are, help to quantify them for you and allow you to make up your own minds.

We do have an appointment set up for an initial consultation next week so I was just trying to get a jump on things beforehand but thank you very much for your reply.