Illegal/Legal immigrant getting married

[Elsie_is_Confused 0]

I have a huge question and searching the internet up and down, I think I will be able to get accurate information here. Here it goes...

My fiancee git to the US in June 2001 on a visitors visa (you'll have to excuse me Im not familiar with all the legalese quite yet), immediately, he got Tax ID's for him and every single member of his family (even when they where not in the country yet, they followed a month later, also on visitor/tourist visa. He was already working and got an apartment immediately, his family arrived, he started the process to request residency, as he did enter the country "legally". Then Sept 11 happened and the processing got really busy and difficult. Basically, he decided to remain in the country as he had already settled down. He thought it would ease up in the near future, but we all know now, it only got worst.

I met him 2 years ago, he is an extremely honest and decent man. When I found out about his situation, I actually offered to do "the fake wedding", of course, this was way before we actually fell in love. He actually got offended because of my offer. But now, we do want to get married, he is still "illegal/legal", I have not the first clue as to how to go about it. He's employed (well "self employed", independant contractor, transportation services), He is well above the "poverty level" he's an outstanding citizen, paid his taxes RELIGIOUSLY under his Tax ID, financially stable, never a problem with the law ...ect... But it seems that wont help a bit. I just went thru a divorce, after over 2 years of separation (never got to it). He tells me that the INS will actually request copies of my IRS filings for the last 2 years, is this true? If that is the case, I believe I wont be able to "financially sponsor" him and family as, in those Tax filings shows dependants that are no longer valid and in such filings my income is "spread" too thin because of the other 4 people I was supporting, but right now, are no longer in the picture.

Right now I am "single/no dependants" but he says that that just wont work, because they look at the past, but I read somewhere that what the INS looks for is actually some type of affidavit of income, that I can produce, because that is "current" and it would show the reality of my individual financial situation.

Help, I am so lost, I love this man and I dont want to loose him over bureaucracy and technicalities.

[KarenCee 3]

Have you read the Guides section at the top of this page? Not sure what to tell you other than that.

[Elsie_is_Confused 0]

What about the fact that he is actually HERE in the US? Does that help at all? I dont know how we could file a fiancee visa when he actually is in the country. He cannot just pack up and leave, the kids are here with us (another drama after we get married). WHy does everything has to be so complicated? I do not understant the first thing about immigration, never thought I'd had to deal with such, darn, I don't even own a passport....

[KarenCee 3]

Sounds like you might need a very good immigration lawyer.

[Elsie_is_Confused 0]

Hehe.... He has one.... But in my opinion, he's one of those "good for nothing" ones.... He has not been able to accomplish ANYTHING in the 1.5 years I've been with my fiancee, everything seems to be too complicated for him, but my fiancee is too naive (I think, when it comes to him) Nothing he gets paid to do, gets done.... I think that his office is too busy with cases...

[Laveau 67]

My ex-husband came to the US on a visitor's visa from Ecuador. When I met and married him he was out of status. That visa had expired years before, I think. We got married and two years later he filed to adjust status, i.e., he applied for permanent residency (greencard). I think that you can find those forms in the guides on here. At the time I went through this with him I was clueless and he paid a friend to gather, help fill out, and send off all the paperwork for him (what a rip off ... NOW I realize with a little research I could have done it myself). He was granted a 10 year unconditional greencard since we were married over two years before getting this done. Look in the guides section and thoroughly read about how to adjust status.

Sylvia

Edited to add: You have to marry him to do this, of course.

Edited August 13, 2006 by stlinares

[Kathryn41 3,205]

If you two are really in love and marry (as opposed to a 'greencard' marriage), you can do so and he can apply to adjust status from inside the US. If this is what you intend, he must not under any circumstances leave the US since any attempt to return will trigger a 10 year ban. Once he adjusts status his overstay will be forgiven since he arrived legally. You will need to submit an affidavit of support proving that your income is greater than 125% of the poverty level and usually income tax returns of the previous tax year are used to verify the income. If you can't do this, then you need a co-sponsor who can do this. I don't believe that your fiance can use any of his own assets even though he gained them from working in the US since he was not legally allowed to be, let alone, work in the US. Definitely read the guidelines for the AOS on this site and visit the www.uscis.gov website as well. Right now you feel innundated with how much you don't know about the immigration process, but this is something that you can learn about by reading on your own. The more you read and learn, the better you will understand what you can and cannot do, even if you do decide to consult a lawyer. Good luck.

Edited August 13, 2006 by Kathryn41

[gugu24 0]

good advice Kathy

thier is no other option she can get have. only AOS. thats all. and as for as the guys family is concerned its s damn huge burdon. their si noway she can sponsor five or sic people togather. also she might have some kids or dependents and that has to be included. i am realy sorry but the way it seems she needs a co-sponsor whose income should be higher than average US citizen.

[Boiler 43,632]

There was never any way for him to immigrate on a Visitors Visa, 911 is irrelevant.

He moved here knowing he was doing so illegally.

Nor on the basis of what you have said is there any way for him to stay in the US legally, other than through you.

You mentioned his family, they are on their own.

Your family for sponsorship purposes is difficult to ascertain, a co-sponsor maybe needed.

[meauxna 15]

If you don't like/know what the current lawyer is doing, get a copy of your fiance's file and find a new lawyer.

the phrase you are looking for is "Adjustment of Status to Permanent Residency" and you can learn more at the immigration site uscis.gov

But think long and hard about the lawyer, maybe even just meeting with one on your own (see Boiler's point #2). Understand that the *only* way for your fiance to get legal is through marriage to a US citizen---I don't know you or him, but common sense tells me that you should double check his motivations.

No harm in waiting a couple of months while you get familiar with the landscape. He's been illegal for a long time, a little while longer won't make a difference in the big picture. Good luck.

[rebeccajo 14]

Anybody who comes over here, immediately rents an apartment, gets a TIN and a job, and is able to obtain TIN's for family members who aren't even in the states yet had an idea of what they were doing before they even hit American soil.

[ceriserose 1]

he is still "illegal/legal"

Just to clarify this, he may have legally entered the US on a non-immigrant visa (tourist) but the terms of the visa meant that he would only be here a limited amount of time, not settle in and return to his country of origin. Due to the fact that he did not comply with the terms of his visa, and that he has overstayed the terms of that initial visa by several years (not to mention the fact that he worked illegally without a work visa), he is here illegally.

You should also know that if you do marry and adjust his status while he remains here, if he is denied I don't believe there is any appeal process available to him. You may want to make sure you read up on that as well.

edited for typos

Edited August 13, 2006 by ceriserose

[JenT 0]

Anybody who comes over here, immediately rents an apartment, gets a TIN and a job, and is able to obtain TIN's for family members who aren't even in the states yet had an idea of what they were doing before they even hit American soil.

Definitely pre-meditated. Yet the OP called him extremely honest.

OP, be sure that this motives for marrying you are not pre-meditated as well. Sounds as if he knows EXACTLY what he's doing.

Edited August 14, 2006 by JenT

[Elsie_is_Confused 0]

I understand that you all may think that he's marrying me for "papers", that is not the case not by far. When he came here 5 years ago, he was getting ready to apply for residency in good standing. He was in the process of getting a sponsor, everything went belly up.

If the case was such, I think he would have married me long time ago, no reason to hold up this long. He has been working on his status case with this lawyer... The one I don't like.

Marrying me would have been an "easy" way out, but he does not want to get this reaction (the one some of you are showing now) of "He married her for papers". We are in love and I am the one insisting on getting married NOW, he wants to hold up until his "status" is corrected.

I am going to call the lawyer tomorrow and see if I can get a copy of his filings and all other documentation related to his status change. Maybe that way I can get a better understanding of the situation.

[Boiler 43,632]

I understand that you all may think that he's marrying me for "papers", that is not the case not by far. When he came here 5 years ago, he was getting ready to apply for residency in good standing. He was in the process of getting a sponsor, everything went belly up.

He has a sponsor, you. Was he going to marry someone else?

If the case was such, I think he would have married me long time ago, no reason to hold up this long. He has been working on his status case with this lawyer... The one I don't like.

The only way is through Marriage so who else has he been working on?

Marrying me would have been an "easy" way out, but he does not want to get this reaction (the one some of you are showing now) of "He married her for papers". We are in love and I am the one insisting on getting married NOW, he wants to hold up until his "status" is corrected.

The only way his status is going to be corrected is through marriage.

I am going to call the lawyer tomorrow and see if I can get a copy of his filings and all other documentation related to his status change. Maybe that way I can get a better understanding of the situation.

Let us know, interested to hear what has been happening.

He may be legit, but seems like his stories and reality are shall we say different.