Illegal/Legal immigrant getting married

[kitkat1 5]

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.

The discussion about intentions in the relationship aside, the fact is that he cannot adjust status in any other way. Only by marrying you can he adjust his status and have his illegal presence in the country as well as illegal work forgiven. At AOS, his intentions will come into play but only regarding the validity of the marriage. Whether or not he knew what he was doing when he first arrived on his tourist visa or had plans to establish a life here is not an issue (as it would be, for example, if someone came on a tourist visa, immediately got married and adjusted status).

If you have plenty of proof of the relationship, etc. he will probably not face any serious difficulties. Getting married, establishing a married life, and proving it will be the key.

[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.

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

He had a colleague here that was going to sponsor him, but that was before the restrictions became tougher and only "family" could financially sponsor.

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?

Asked and answered

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.

That is the case now, not before

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.

Like I said before, this is all too new to me and I really thought this was ...shall we say...easier... As I get "soaked" in the legalese terms and reality of the process, I guess I'll understand better. I am just really lost and confused, that is the reason I came here.

This man and I have a life together, although we dont live together yet, we have a life together... I know all there is to know, there is no room for mistakes or for hiding anything.... we are together about 19 hours of the day, either at work or home. I just call it as I see it and understand it.

[Boiler 43,843]

A colleague can not sponsor, now or ever.

An employer can, and could.

But either way you do not enter on a Visitors Visa, you enter on the appropriate work visa.

No judgements, just telling you how it is.

[gwenneh 7]

A colleague can not sponsor, now or ever.

An employer can, and could.

But either way you do not enter on a Visitors Visa, you enter on the appropriate work visa.

No judgements, just telling you how it is.

Seconded. This was not "different" at any point in time. Visitor's visas are, and always were, just for visiting.

[Elsie_is_Confused 0]

A colleague can not sponsor, now or ever.

An employer can, and could.

But either way you do not enter on a Visitors Visa, you enter on the appropriate work visa.

No judgements, just telling you how it is.

Seconded. This was not "different" at any point in time. Visitor's visas are, and always were, just for visiting.

Maybe Im wrong and it was a work visa, like I said, I am too new on this drama, I don't quite relate to K1 K2 K3 H1B.... it's all gibberish to me....

[gwenneh 7]

A colleague can not sponsor, now or ever.

An employer can, and could.

But either way you do not enter on a Visitors Visa, you enter on the appropriate work visa.

No judgements, just telling you how it is.

Seconded. This was not "different" at any point in time. Visitor's visas are, and always were, just for visiting.

Maybe Im wrong and it was a work visa, like I said, I am too new on this drama, I don't quite relate to K1 K2 K3 H1B.... it's all gibberish to me....

I think that this is something that you very much need to get straight, because we're not the only people you're going to have to tell it to. You're going to need a *very* good lawyer, and you're going to need to convince an interviewing officer that you know precisely what was going on. If you can't convince people on the internet that it's not fraud, you can be very sure your chances of an interviewing officer believing you are slim to none. What you think of as "gibberish" is actually a very important-and very relevant-fact.

Ceriserose is correct, if you attempt to adjust his status and are denied, there is no appeal process available to you. Are you ready to move to Argentina in that case, as he most certainly won't be able to continue a fraudulent life here. You need to have your facts very VERY straight and-as has been suggested-a VERY good attorney; with an overstay like that, your fiance isn't looking at the simplest of penalties should a denial be issued.

[meauxna 15]

Maybe Im wrong and it was a work visa, like I said, I am too new on this drama, I don't quite relate to K1 K2 K3 H1B.... it's all gibberish to me....

e, it's no drama, despite what some here might think. We are here to be able to give you some facts in an area you don't know much about yet. I suspect that you will learn a lot; you seem keen.

It's simple: look in his passport and see what visa stamps he has from the US. Better yet, ask him to show it to you, and ask him to clarify what he has been doing with this lawyer. Ask him how, exactly, he "started the process to request residency". I don't mean those questions to sound as much of a barrage---they are simply the questions you need the answers to.

You are also opening a can of worms. On a personal note, I recommend that you be prepared to be surprised.

Oh, back to the definitions---essentially, there are very few ways to come to the US: close family member, work, education, refugee/asylee. Everything else is a variation on one of those themes. find a "letter" and someone can show you where to find out what visa type it was.

if you attempt to adjust his status and are denied, there is no appeal process available to you.

er, let's not confuse the issue until we know what is what.

The above may or may not be true. Argentina is not a VWP country, and Bs have different rules than the VWP. There are also J and F visas that may make a difference.

[gwenneh 7]

if you attempt to adjust his status and are denied, there is no appeal process available to you.

er, let's not confuse the issue until we know what is what.

The above may or may not be true. Argentina is not a VWP country, and Bs have different rules than the VWP. There are also J and F visas that may make a difference.

Fair enough. I tend to think the world revolves around the VWP! It is also three in the morning here, so yeah, what you said!

[Elsie_is_Confused 0]

Ceriserose is correct, if you attempt to adjust his status and are denied, there is no appeal process available to you. Are you ready to move to Argentina in that case, as he most certainly won't be able to continue a fraudulent life here. You need to have your facts very VERY straight and-as has been suggested-a VERY good attorney; with an overstay like that, your fiance isn't looking at the simplest of penalties should a denial be issued.

As a matter of fact, I am ready and willing to move there...

[gwenneh 7]

As a matter of fact, I am ready and willing to move there...

Good; I don't bring it up to be harsh, I bring it up as it's a distinct possibility. This process is full of pitfalls for even a law-abiding citizen; for an illegal, it's a minefield. That's why the caution to have all of your facts and have them very, very clear!

[Elsie_is_Confused 0]

if you attempt to adjust his status and are denied, there is no appeal process available to you.

er, let's not confuse the issue until we know what is what.

The above may or may not be true. Argentina is not a VWP country, and Bs have different rules than the VWP. There are also J and F visas that may make a difference.

OK... What is VWP?

And what are J & F Visas?

Ohh lord, al whole new meaning to the alphabet LOL

[Boiler 43,843]

if you attempt to adjust his status and are denied, there is no appeal process available to you.

er, let's not confuse the issue until we know what is what.

The above may or may not be true. Argentina is not a VWP country, and Bs have different rules than the VWP. There are also J and F visas that may make a difference.

OK... What is VWP?

And what are J & F Visas?

Ohh lord, al whole new meaning to the alphabet LOL

VWP is the Visa Waiver Program, certain countries citizens do not need a visa to enter the US, just fill a form in on the plane.

Argentinans could at one time use the VWP, not sure when it ended but not recently.

http://buenosaires.usembassy.gov/general_information7.html list all the visa types.

Edited August 14, 2006 by Boiler

[MN&UK 0]

Gosh, maybe it is better to leave a sleeping baby alone for awhile. Kicking up dust might lead to a much bigger mess than what you have currently. Maybe Bush will emancipate all illegals (argh!!) and your dude will be free to stay. Maybe wait and see what happens there over risking total upheaval. I know we are all advocating doing the right thing on this site, but perhaps biding your time until you have all the answers and consequences might be a good idea.

Please start reading up on everything as you are not very well informed at this stage and there are too many question marks for folks to really know what else to advise.

[Boiler 43,843]

Actually they should be able to adjust on the basis of what has been posted without much hassle.

The only issue seems to be that he has been slightly confusing with his story, not the best way to start a marriage.

[kitkat1 5]

Again, everything else aside, it is possible for a person who overstayed a tourist visa (for any length of time) to adjust to legal status through marriage. Yes, if denied, it will be at least a 10 year ban if not a lifetime ban. A good lawyer to guide you through the process is a smart idea. Even better, as suggested already, is for you to understand exactly how he tried to adjust his status previously and what became of that. If you are well educated and well informed and are willing to move to Argentina if he is denied, I don't see where you have anything to lose (aside from your mind with the immigration process overload).

I'll send you a PM with the name of a very qualified immigration attorney who is very experienced with overstay situations - a telephone consulation would be a wise place to start.