Illegal/Legal immigrant getting married

[sjoefl01 1]

Elsie,

This really isn't that big of a deal. A bunch of folks adjust status based on marriage to somebody that overstayed a visa. It is not uncommon. The fact he has been here so long and has not married actually helps your case. The only thing that USCIS is going to look at is if your marriage is valid and whether he presents a security or criminal risk.

Don't let yourself get overwhelmed by this process. Take some time and read the guides for adjustment of status at the top of this page. Also read up on the USCIS.gov website. You need to become familiar with the terms so that you can ask specific questions here.

The site is supposed to help people through this process. if you have a technical question it will be answered by many people. Average the answers and make your decision.

It is really pretty simple once you study up. You simply file a stack of forms and send a stack of money and wait. There is a little 15 minute interview at the end that is no big deal.

It sounds like this lawyer has been raping your husband for years. There was no way for your fiance to become legal and this lawyer continued to take fees from him. That is the reason why he didn't do anything. There was nothing he COULD do.

[Elsie_is_Confused 0]

Yeah, what fines?? He did mention something about fines and he said he has the money saved for the fines for him and the kids.... when the correct paperwork gets filed...

What kids?

His kids

How old?

Right now, 18,17,14

What correct paperwork?

Whichever filings have to get done (im clueless.... remember?)

What fines?

Well, he has mentioned some fines to be paid, I dont know what exactly is he talking about.

OK update.....

He entered the country under the Waiver program that was in effect that covered Argentina, Uruguay and another country down there. He used to work for MercoSur...

Does this clarify anything? We have hardly any time to talk today, too much work. He promised that tomorrow he'd give me a detailed explanation of what has been done so far. He did not want to bother or burden me with "tedious" details. As I've said before, he is not rushing to get married, he wants to get his papers on his own. I am the one that is FREAKING out, just afraid he's gonna be taken away any second. He assures me that is not the case by any means.

[JenT 0]

Please Elsie... do your homework on this one. Don't go by his word on the sequence of events. Know the sequence yourself and challenge him if you're not getting straight answers (i.e. like the fees, for instance). This is not the time for him to be the least bit vague.

Jen

[Elsie_is_Confused 0]

Read your private messages and my lawyer referral - do a consulation to help you understand the steps and where you may face some problems. From what you have written, you may need a financial sponsor. It would also be wise to marry, establish a married life, joint accounts, joint residence, etc. before you begin the paperwork so you can prove the validity of the marriage.

I have read my privates. I will make time to contact this lawyer, thanks.

We have a "married" life. We have an apartment together, bank account and MANY MANY people that can testify to this.....

One question, I had 4 peole in my tax return that are no longer my financial responsibility (I use to file, Head of Household w/my 3 kids (grown and married [no longer my financial burden] and ex-significant other).... Does the Affidavit covers all the financial issues? Or are they gonna go and try to dig into why are the other 4 people not in the picture anymore?

Right now I do surpass the 125% needed for me and them..... WHat about that?

[ceriserose 1]

Read your private messages and my lawyer referral - do a consulation to help you understand the steps and where you may face some problems. From what you have written, you may need a financial sponsor. It would also be wise to marry, establish a married life, joint accounts, joint residence, etc. before you begin the paperwork so you can prove the validity of the marriage.

I have read my privates. I will make time to contact this lawyer, thanks.

We have a "married" life. We have an apartment together, bank account and MANY MANY people that can testify to this.....

One question, I had 4 peole in my tax return that are no longer my financial responsibility (I use to file, Head of Household w/my 3 kids (grown and married [no longer my financial burden] and ex-significant other).... Does the Affidavit covers all the financial issues? Or are they gonna go and try to dig into why are the other 4 people not in the picture anymore?

Right now I do surpass the 125% needed for me and them..... WHat about that?

They will look at your ability now to maintain a household (i.e. regular paychecks) over your tax forms from prior years. (My now-husband had been living off savings for several years...they didn't even look at his tax forms, they just wanted to know he had viable employment now. Because I had been in the US for over 6 months and was also working, my income could also apply toward making up that number. BUT! I don't know if that's the case when adjusting status the way you are, mine is a K1-AOS situation. You should look into that...it's the I-864 and I-864A forms.)

If you will not make enough to satisfy the 125% required, you will need to get a co-sponsor. The co-sponsor signs a separate affadavit from yours. (This is in the guides tab above.)

[Boiler 43,842]

Read your private messages and my lawyer referral - do a consulation to help you understand the steps and where you may face some problems. From what you have written, you may need a financial sponsor. It would also be wise to marry, establish a married life, joint accounts, joint residence, etc. before you begin the paperwork so you can prove the validity of the marriage.

I have read my privates. I will make time to contact this lawyer, thanks.

We have a "married" life. We have an apartment together, bank account and MANY MANY people that can testify to this.....

One question, I had 4 peole in my tax return that are no longer my financial responsibility (I use to file, Head of Household w/my 3 kids (grown and married [no longer my financial burden] and ex-significant other).... Does the Affidavit covers all the financial issues? Or are they gonna go and try to dig into why are the other 4 people not in the picture anymore?

Right now I do surpass the 125% needed for me and them..... WHat about that?

Sounds like you are good to go with 2 people, you had a larger household but the size that matters is the one now.

He entered on a tourist visa effectively (VWP).

Argentinians no longer have access to it because of abuse, the same as your fiancee, they did not go home after 90 days.

Sounds like he knows he has no way of adjusting status and does not want to go there. Other than through you.

There is nothing wrong with an overstayer addjusting through marriage, my only comment is that he seems to be hiding from you the reality of his situation.

You mentioned he had other family members, presumably they are not living with you.

[TracyTN 237]

He did not want to bother or burden me with "tedious" details. As I've said before, he is not rushing to get married, he wants to get his papers on his own. I am the one that is FREAKING out, just afraid he's gonna be taken away any second. He assures me that is not the case by any means.

I hate to burst his bubble, but 'tedious' details can often times make or break an immigration case. He better get okay with 'tedious' details - and fast - if he truly wants to marry you and stay here.

[Boiler 43,842]

He did not want to bother or burden me with "tedious" details. As I've said before, he is not rushing to get married, he wants to get his papers on his own. I am the one that is FREAKING out, just afraid he's gonna be taken away any second. He assures me that is not the case by any means.

I hate to burst his bubble, but 'tedious' details can often times make or break an immigration case. He better get okay with 'tedious' details - and fast - if he truly wants to marry you and stay here.

Isnt that the truth.

[meauxna 15]

What kids?

His kids

How old?

Right now, 18,17,14

Regarding financials, it's not just two people, there are now 5. Elsie, there are also additional complications regarding the children, and deadlines to marry for you to have a qualifying relationship with them.

There is certainly enough here to keep a lawyer entertained for awhile..

[rebeccajo 14]

One question, I had 4 peole in my tax return that are no longer my financial responsibility (I use to file, Head of Household w/my 3 kids (grown and married [no longer my financial burden] and ex-significant other).... Does the Affidavit covers all the financial issues? Or are they gonna go and try to dig into why are the other 4 people not in the picture anymore?

Dig them up? Where did they go? 3 grown children and your ex partner and they vanished overnite?

Since it's only your last year tax return you need for AOS, I'm wondering where they went. Or more appropriately why they were there in the first place.

[Boiler 43,842]

What kids?

His kids

How old?

Right now, 18,17,14

Regarding financials, it's not just two people, there are now 5. Elsie, there are also additional complications regarding the children, and deadlines to marry for you to have a qualifying relationship with them.

There is certainly enough here to keep a lawyer entertained for awhile..

Missed that, the older one I think is out of luck, need own USC.

[Boiler 43,842]

Wonder what the story was?

[JenT 0]

He did not want to bother or burden me with "tedious" details. As I've said before, he is not rushing to get married, he wants to get his papers on his own. I am the one that is FREAKING out, just afraid he's gonna be taken away any second. He assures me that is not the case by any means.

I hate to burst his bubble, but 'tedious' details can often times make or break an immigration case. He better get okay with 'tedious' details - and fast - if he truly wants to marry you and stay here.

Isnt that the truth.

Yes... which furthers the point I was trying to make...

Jen

[salto 0]

I'm not sure what you ended up doing, but I married a man who had overstayed his tourist visa by 3 years. We got married, got an immigration lawyer who filled out all our forms (I recommend this, as our lawyer did not put anything down for my husband's work record since he did not have permission to work, little things like that), and five months later he had his green card in hand. It actually sounds easy as I type it, but it was a lot of stress and waiting, interview, etc. But, it's over for two years now and everything went smoothly!

[athena_ny 1]

I'm not sure what you ended up doing, but I married a man who had overstayed his tourist visa by 3 years. We got married, got an immigration lawyer who filled out all our forms (I recommend this, as our lawyer did not put anything down for my husband's work record since he did not have permission to work, little things like that), and five months later he had his green card in hand. It actually sounds easy as I type it, but it was a lot of stress and waiting, interview, etc. But, it's over for two years now and everything went smoothly!

This is bad advice - not putting down anything for work since he didn't have permission. That's lying on a federal form ... especially since unauthorized work is forgiven through marriage to a USC, there's no reason to get all messed up in possible misrepresentation senselessly.