Confused and Need Help

[leona2025 0]

Hello,

I am very confused about this whole situation. None of the guides seems to apply to me. I am a U.S. citizen and my husband is from Kenya. He came to the U.S. when he was 17 on a student Visa. His Visa expired in 2004. We have been living together since 2005 and we got married a year ago. What do I need to do to get him an adjustment of status and do I need an immigration lawyer? I keep reading about the spouse returning back to his native country and do not want that to happen. Will AOJ allow him to be able to work legally? What if he's already been working illegally here? I think he was allowed to work as long as he was in school and now that he's not in school that would make him working be illegal?

[Bobby+Umit 161]

If he leaves - he will be subject to a 10 year ban.

You can AOS - 130/485 - read the guide.

He will be able to work, once you get the EAD. However, do not bother to apply for the AP - he won't be able to get back into the US with it.

Now - you have two negatives, working illegally, and being in overstay status. However, only an IJ can make the determination if he was out of status.

However, the marriage to the USC usually forgives these negatives.

Your call on the lawyer. I have seen other cases with similar circumstances get approved.

[LoveMyTico 999]

my husband over stayed about 2 years. We went to our interview and we now have to file 2 waivers. We have an immigration attorney because I needed the waivers done professionally. Being married to a USC does not forgive anything.

Edited May 27, 2009 by esposadetucho

[Bobby+Umit 161]

my husband over stayed about 2 years. We went to our interview and we now have to file 2 waivers. We have an immigration attorney because I needed the waivers done professionally. Being married to a USC does not forgive anything.

Actually, being married to an USC does factor into the "forgiveness" - in fact, only marriage to an USC gives you any chance for this.

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

However, as pointed out, if you have too many negatives, you do not get the AOS, it's not guaranteed.

Edited May 27, 2009 by Bobby_Umit

[LoveMyTico 999]

my husband over stayed about 2 years. We went to our interview and we now have to file 2 waivers. We have an immigration attorney because I needed the waivers done professionally. Being married to a USC does not forgive anything.

Actually, being married to an USC does factor into the "forgiveness" - in fact, only marriage to an USC gives you any chance for this.

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

However, as pointed out, if you have too many negatives, you do not get the AOS, it's not guaranteed.

Being married to a USC does not forgive anything. It does give you the opportunity to file. If it had forgiveness abilities, I wouldn't be in the situtation I am in right now. Just because you are married to a USC, doesn't guarantee anything.

BTW.... when we were at our interview, the interviewing officer was very , very nice BUT when she was telling us about how wrong it is to be in the US illegally, she raised her voice and said that they take that VERY seriously. She was almost yelling at us. I had to rephrase my statement to make her happy.

Edited May 27, 2009 by esposadetucho

[NickD 202]

Really don't know how to respond to a post like this, maybe it's because we take our idea of freedom literally, we are a country of some very strong laws that must be obeyed or if not, with severe penalty. We really watched my intended wife's I-94, when it was due to expire, she had to go back, it hurt like hell to have to leave a person you really want to be with, but it had to be done.

It was a terrible experience at the ripe old age of 18 to be drafted to fight in a war you didn't believe in, and can only wonder how legal it was to be forced to take that oath to serve and die for this country. If you didn't say and honor it, would be tossed into prison. Many did avoid the draft and ran up to Canada, but were eventually forgiven, but if you did go through all those hardships in obeying the law, how does that make you feel?

Why is becoming legal now an issue with you? Should have been done five years ago, just file some papers and get it over with, what were you thinking back then?

Bet you would love to turn back the clock, but can't, can only throw yourself at the mercy of the court and hope for the best.

[Bobby+Umit 161]

my husband over stayed about 2 years. We went to our interview and we now have to file 2 waivers. We have an immigration attorney because I needed the waivers done professionally. Being married to a USC does not forgive anything.

Actually, being married to an USC does factor into the "forgiveness" - in fact, only marriage to an USC gives you any chance for this.

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

However, as pointed out, if you have too many negatives, you do not get the AOS, it's not guaranteed.

Being married to a USC does not forgive anything. It does give you the opportunity to file. If it had forgiveness abilities, I wouldn't be in the situtation I am in right now. Just because you are married to a USC, doesn't guarantee anything.

BTW.... when we were at our interview, the interviewing officer was very , very nice BUT when she was telling us about how wrong it is to be in the US illegally, she raised her voice and said that they take that VERY seriously. She was almost yelling at us. I had to rephrase my statement to make her happy.

Again - everyone's circumstances are different. There are examples on this very forum where people in similar conditions were approved. A simple search here will show you that.

Your exactly right, it's not a gurantee...

One of the ways not to be "forgived" is if you entered without inspections (EWI) - they almost always reject that application.

[leona2025 0]

Really don't know how to respond to a post like this, maybe it's because we take our idea of freedom literally, we are a country of some very strong laws that must be obeyed or if not, with severe penalty. We really watched my intended wife's I-94, when it was due to expire, she had to go back, it hurt like hell to have to leave a person you really want to be with, but it had to be done.

It was a terrible experience at the ripe old age of 18 to be drafted to fight in a war you didn't believe in, and can only wonder how legal it was to be forced to take that oath to serve and die for this country. If you didn't say and honor it, would be tossed into prison. Many did avoid the draft and ran up to Canada, but were eventually forgiven, but if you did go through all those hardships in obeying the law, how does that make you feel?

Why is becoming legal now an issue with you? Should have been done five years ago, just file some papers and get it over with, what were you thinking back then?

Bet you would love to turn back the clock, but can't, can only throw yourself at the mercy of the court and hope for the best.

I guess I need to direct this post to my husband as I didn't know him then and even if I did I had no clue about immigration or the immigration laws. Since as you said you really didn't know how to respond to this post and you didn't add any helpful information maybe you should have just kept silent.

I thank you all that offered helpful information. I got into contact with an immigration lawyer who said he could handle my case. I know I will be back with more question and updates as to what is going on.

my husband over stayed about 2 years. We went to our interview and we now have to file 2 waivers. We have an immigration attorney because I needed the waivers done professionally. Being married to a USC does not forgive anything.

Actually, being married to an USC does factor into the "forgiveness" - in fact, only marriage to an USC gives you any chance for this.

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

However, as pointed out, if you have too many negatives, you do not get the AOS, it's not guaranteed.

Being married to a USC does not forgive anything. It does give you the opportunity to file. If it had forgiveness abilities, I wouldn't be in the situtation I am in right now. Just because you are married to a USC, doesn't guarantee anything.

BTW.... when we were at our interview, the interviewing officer was very , very nice BUT when she was telling us about how wrong it is to be in the US illegally, she raised her voice and said that they take that VERY seriously. She was almost yelling at us. I had to rephrase my statement to make her happy.

Again - everyone's circumstances are different. There are examples on this very forum where people in similar conditions were approved. A simple search here will show you that.

Your exactly right, it's not a gurantee...

One of the ways not to be "forgived" is if you entered without inspections (EWI) - they almost always reject that application.

How do I do this search? I would like to read about cases similar to mine.

[john_and_marlene 162]

Being married to a USC does not forgive anything. It does give you the opportunity to file. If it had forgiveness abilities, I wouldn't be in the situtation I am in right now.

There is a HUGE difference in your case. You had to deal with deportation. Marriage after deportation procedings begin will not help for adjustment of status. However, if there is no deportation, and the beneficiary is still in the U.S., neither work without authorizaton nor overstay can be used to deny adjustment of status based on marriage to a USC.

Other adverse factors (such as deportation procedings) can and will cause a denial for adjustment. You may be very upset regarding your individual circumstance with the deportation, but be careful about dispensing advice regarding others wanting to adjust status that do not have the same obstacle.

[LoveMyTico 999]

Being married to a USC does not forgive anything. It does give you the opportunity to file. If it had forgiveness abilities, I wouldn't be in the situtation I am in right now.

There is a HUGE difference in your case. You had to deal with deportation. Marriage after deportation procedings begin will not help for adjustment of status. However, if there is no deportation, and the beneficiary is still in the U.S., neither work without authorizaton nor overstay can be used to deny adjustment of status based on marriage to a USC.

Other adverse factors (such as deportation procedings) can and will cause a denial for adjustment. You may be very upset regarding your individual circumstance with the deportation, but be careful about dispensing advice regarding others wanting to adjust status that do not have the same obstacle.

Wasn't handing out advice.....Just stating the facts in my situation..

I know deportation is different. IMO overstays shouldn't be able to just adjust status anyway. But whatever.... an overstay is an overstay. IN MY OPINION

[john_and_marlene 162]

Being married to a USC does not forgive anything. It does give you the opportunity to file. If it had forgiveness abilities, I wouldn't be in the situtation I am in right now.

There is a HUGE difference in your case. You had to deal with deportation. Marriage after deportation procedings begin will not help for adjustment of status. However, if there is no deportation, and the beneficiary is still in the U.S., neither work without authorizaton nor overstay can be used to deny adjustment of status based on marriage to a USC.

Other adverse factors (such as deportation procedings) can and will cause a denial for adjustment. You may be very upset regarding your individual circumstance with the deportation, but be careful about dispensing advice regarding others wanting to adjust status that do not have the same obstacle.

Wasn't handing out advice.....Just stating the facts in my situation..

I know deportation is different. IMO overstays shouldn't be able to just adjust status anyway. But whatever.... an overstay is an overstay. IN MY OPINION

Luckily for many, the USCIS and case law does not share your opinion.

[Bobby+Umit 161]

[<snip>

How do I do this search? I would like to read about cases similar to mine.

Just click on the Forums Search link above and select the advanced option.

then put in "overstay" and select this forum for the posts.

[leona2025 0]

[<snip>

How do I do this search? I would like to read about cases similar to mine.

Just click on the Forums Search link above and select the advanced option.

then put in "overstay" and select this forum for the posts.

Thanks so much!!

[NickD 202]

Really don't know how to respond to a post like this, maybe it's because we take our idea of freedom literally, we are a country of some very strong laws that must be obeyed or if not, with severe penalty. We really watched my intended wife's I-94, when it was due to expire, she had to go back, it hurt like hell to have to leave a person you really want to be with, but it had to be done.

It was a terrible experience at the ripe old age of 18 to be drafted to fight in a war you didn't believe in, and can only wonder how legal it was to be forced to take that oath to serve and die for this country. If you didn't say and honor it, would be tossed into prison. Many did avoid the draft and ran up to Canada, but were eventually forgiven, but if you did go through all those hardships in obeying the law, how does that make you feel?

Why is becoming legal now an issue with you? Should have been done five years ago, just file some papers and get it over with, what were you thinking back then?

Bet you would love to turn back the clock, but can't, can only throw yourself at the mercy of the court and hope for the best.

I guess I need to direct this post to my husband as I didn't know him then and even if I did I had no clue about immigration or the immigration laws. Since as you said you really didn't know how to respond to this post and you didn't add any helpful information maybe you should have just kept silent.

Just trying to help, you had no knowledge of his immigration status and apparently neither did your husband, he is a foreigner and cannot be expected to know the zillions of laws of this country. This may be your means to rectify your situation.

When receiving a I-94 when entering this country that is stapled to your passport, how many people know there is stuff written the the back of it like this?

And with the USCIS, really could not help but notice they do not send you any reminders for the important things that must be done, really a fallacy in the system, and they did let five years go by without even contacting or warning your husband that he could be in violation. It's been that way, I didn't know anything about immigration either when I met my wife, even thought we could get married and live happily ever after. But getting my feet wet, plastered my refrigerator door with reminders of the AR-11, I-865, how to renew a lost card, and the I-751 required filing. But my wife could have stayed here over six years now with an expired I-94 wihtout contact. Has to be some good intention on your part about discovering your predictment and making attempts to correct it rather than being caught. I sincerely wish you the best.

[leona2025 0]

Really don't know how to respond to a post like this, maybe it's because we take our idea of freedom literally, we are a country of some very strong laws that must be obeyed or if not, with severe penalty. We really watched my intended wife's I-94, when it was due to expire, she had to go back, it hurt like hell to have to leave a person you really want to be with, but it had to be done.

It was a terrible experience at the ripe old age of 18 to be drafted to fight in a war you didn't believe in, and can only wonder how legal it was to be forced to take that oath to serve and die for this country. If you didn't say and honor it, would be tossed into prison. Many did avoid the draft and ran up to Canada, but were eventually forgiven, but if you did go through all those hardships in obeying the law, how does that make you feel?

Why is becoming legal now an issue with you? Should have been done five years ago, just file some papers and get it over with, what were you thinking back then?

Bet you would love to turn back the clock, but can't, can only throw yourself at the mercy of the court and hope for the best.

I guess I need to direct this post to my husband as I didn't know him then and even if I did I had no clue about immigration or the immigration laws. Since as you said you really didn't know how to respond to this post and you didn't add any helpful information maybe you should have just kept silent.

Just trying to help, you had no knowledge of his immigration status and apparently neither did your husband, he is a foreigner and cannot be expected to know the zillions of laws of this country. This may be your means to rectify your situation.

When receiving a I-94 when entering this country that is stapled to your passport, how many people know there is stuff written the the back of it like this?

And with the USCIS, really could not help but notice they do not send you any reminders for the important things that must be done, really a fallacy in the system, and they did let five years go by without even contacting or warning your husband that he could be in violation. It's been that way, I didn't know anything about immigration either when I met my wife, even thought we could get married and live happily ever after. But getting my feet wet, plastered my refrigerator door with reminders of the AR-11, I-865, how to renew a lost card, and the I-751 required filing. But my wife could have stayed here over six years now with an expired I-94 wihtout contact. Has to be some good intention on your part about discovering your predictment and making attempts to correct it rather than being caught. I sincerely wish you the best.

Thank you for that information. I do want everything to be legal. I want us to have a regular life. When I first started looking at this thing I was told the whole process cost 10,000. My husband was also only 17 when he came here. I was 16 when he came here we are only a year a part. We have a lot of dreams. I 'm finishing school in the next year and I want him to finish school also. I just don't want this looming over out heads. T