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grambo112233

PLEASE HELP!!! Want to marry her but she is illegally here!!

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Filed: Timeline

Hi. Glad I found this site. I have a quick question. I am a us born citizen. I am a 38 year old male, and I met a woman (28) from Brazil, about 10 months ago. We now live together. I do not want to go into particulars, but she came here on a tourist visa, with her 6 year old daughter, and never left. Our love is genuine, so I am not worried about fraud at all, we sleep in the same bed every night. We want to get married, but we do not have a lot of money, so I am trying to do this without a lawyer. However, I do not want to get her deported either. Does anyone know, what the procedure would be to file for whatever kind of visa I need so that she can stay, and we can get married. I would be devastated if she got sent back to Brazil. So I need to do this correctly. She cannot drive, or work and is scared to even go to the supermarket, because here in South Florida, the police stop people all the time to check immigration status. Whatever happened to our CONSTITUTION???????? Everyday they tear it up just a little more...

So if someone could explain to me how to go about filing paperwork, and what paperwork to file, I would be very grateful.

Signed:

grambo112233 (canthaveherdeported!)

Any posts would be very appreciated.

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You should be A-OK, grambo. She should NOT leave the US. Read the guides for Adjustment of Status...

AOS

You should be able to do this without a lawyer, but you do need to get married first.

Edited by ValerieA

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Hi

First, she can not leave the country because No one incurs the ban until they leave the US

You need to get marry, in this way it let you apply for an AOS. There are several cases similar to your situation that you need to read and study carefully. If you can prove that your realtion is real ( bona fide ) she would be forgiven.

Please read this one

link 1

My link2

Both are similar cases, but the first thing you have to do is to get marry. and to do that you need to go to your clerk office and find the requirements. Por example, in New York City, Is not needed to have a valid visa, they use the phrase "proper identification" like a passport, drivers license, etc to get a license and to get marry.

Edited by inloveVEN

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Filed: Citizen (apr) Country: Bolivia
Timeline

She MUST NOT LEAVE the country, get married ASAP, and file the AOS. If she doesn´t have any kind of trouble here, police records , used fake SSN, arrested, etc, she will be fine.

Don´t forget to submit as much as evidence of bonafide relationship.

Do your homework, take your time, read AOS guide here, read about similar situations, and u will be fine.

Good luck!!

:star: :star: :star::thumbs: :thumbs: :thumbs:

Edited by karinapogue

REMOVAL OF CONDITIONS

01-18-2012 : Sent I-751 Package

01-22-2012 : Delivered California Service Center

01-24-2012 : Check cashed! Yayyy

01-30-2012 : Received ASC letter... Dated 01-27

02-08-2012 : Got Extension Stamp (Passport) Expires 02-07-2013

02-24-2012 : Biometrics Appt.

06-13-2012 : Got my 10 years greencard. Yeah baby!!!

NATURALIZATION

01-15-2013 : Eligible to file

07-05-2013 : Sent package to Phoenix Lockbox

07-11-2013 : Check cashed

07-15-2013 : NOA

07-30-2013 : Biometrics done

08-09-2013 : Interview letter

09-10-2013 : Interview!! PASSED!

11-22-2013 : Oath Ceremony - I AM A CITIZEN OF UNITED STATES OF AMERICA!!

xmzGm6.png6r3Fm6.pngan1cOKikw2B0010MjAwMzNsfDU4MDM4NjQ1amF8U

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Filed: K-1 Visa Country: Wales
Timeline

I feel for you on the Constitutional issue.

Where I am we have similar issues with Police setting speed traps.

However with your lack of knowledge of the subject, a one time consultation at least with an Immigration Lawyer would seem in order.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Your biggest obstacle may be getting permission for the child to immigrate. You will need either consent from the biological father or the court in Brazil.

How many days has she overstayed by? She could be facing a 3 year ban or even possibly a 10 year ban.

Regardless of the length of overstay, she won't have a ban unless she leaves the country.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

You should be ok. She CAN NOT leave the country. Even if she has AP (advance parole) she can't leave. Only when she has the Green card in hands she will be ok to travel. If she leaves she will face a ban (more than 180 days to 1 year= 3 years ban, more than 1 year illegal= 10 years ban).

Get married, file for AOS (adjustment of status) and you will be just fine.

Follow the guides: http://www.visajourney.com/content/i130guide2

ps- I don't know about adjusting the child. Maybe someone here can help you with that.

Good luck!


CR-1 Journey - California Service Center

I-130 timeline:
I-130 NOA1 - 05th Nov, 2009
I-130 NOA2 - 10th February, 2010 Yay!!!!
"Your I-130 was approved in 97 days from your NOA1 date."


NVC Journey:
02-16-2010: NVC Case # Assigned
03-31-2010: Case Complete!!
04-12-2010: Interview date assigned by NVC.
05-11-2010: Medical appointment in Rio

05-13-2010: Interview in Rio - APPROVED!!!

06-02-2010: POE in Washington DC - Finally home!

July 30, 2010 - Received the Green Card after receiving 4 welcome letters! USCIS see ya later!

2 YEARS LATER......

03-02-2012: Elegible to lift conditions
06-02-2012: Temporary GC expires

12-20-2012: Permanent GC received

6 MONTHS LATER......

06/03/2013: n400 Filled

10/22/2013: Citizenship test and oath ceremony

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You should be ok. She CAN NOT leave the country. Even if she has AP (advance parole) she can't leave. Only when she has the Green card in hands she will be ok to travel. If she leaves she will face a ban (more than 180 days to 1 year= 3 years ban, more than 1 year illegal= 10 years ban).

Get married, file for AOS (adjustment of status) and you will be just fine.

Follow the guides: http://www.visajourney.com/content/i130guide2

ps- I don't know about adjusting the child. Maybe someone here can help you with that.

Good luck!

That was one thing I saw that everyone kept over-looking. The child's AOS process would have the same requirements of that is when bringing a child over on a visa.

1. custody rights

2. letter from the other parent giving permission for the child to be here

3. etc.......

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Filed: Other Timeline

You can pull this off alone but I suggest you visit this site daily from now on to really familiarize yourself with the process. I concur, the child is the one obstacle you'll have to work on.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Citizen (apr) Country: Haiti
Timeline

The one thing you must understand is that SHE SHOULD NOT LEAVE THE COUNTRY. Get married, apply for AOS and wait for your green card.. good luck and you can definitely do this without a lawyer

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You can absolutely do this without a lawyer. In addition to the other paperwork, I beleive you'll have to file a Supplement A to form I-485 because of the overstay. As I understand, it's like a penalty with a fee, but does not make you ineligible for a green card. Can someone confirm this?

Also, I want to say the people on this site are so much better than other sites I have seen! Not spreading round rumors, so three cheers and thanks!!


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: K-1 Visa Country: Vietnam
Timeline

Oh wow, this info is really interesting. I didn't realise you could get married in the US and actually stay there! Gotta love VJ :thumbs:

Best of luck OP :)

There are some restrictions on this. The alien must have entered the US legally, must not have intended to immigrate when they entered (presuming they used a non-immigrant visa or entry pass), and must not have broken any laws while in the US.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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