Jump to content
Sign in to follow this  
sharpcar

where do we start??? can anybody help please

11 posts in this topic

Recommended Posts

Filed: Timeline

HI THERE THANK YOU FOR STOPPING TO HELP ON THIS ONE,A FREIND OF MINES HAS A GIRLFRIEND THAT ENTERED THE STATES ILLEAGALLY SHE HAS BEEN HERE I THINK FOR ABOUT 8-10 YEARS SHE HAD A CHILD THATS ABOT 7 YEARS OLD AMERICAN CITIZEN BORN HERE SHE SEPERATED FROM CHILDS DAD STAYED IN THE STATES AND MET MY BUDDY NOW THERE THINKING ABOUT GETTING MARRIED WHERE DO THEY START??WHAT CAN THEY DO ?? ANY INFO I GLADLY ACCEPTED AND HELPFUL THANK YOU

Share this post


Link to post
Share on other sites
Filed: Other Timeline

Somebody who entered the US without inspection (EWI) cannot adjust status--which always happens from within the US--to that of a Lawful Permanent Resident (LPR) because she has no status to adjust from, never had one. The only path to residency would be to leave the US at which time she will trigger a 10-year bar from returning. There is a waiver available for this, the I-601, but that's not do-it-yourself territory.

About 6 months before the bar has been served, her husband files an I-130 petition for her. That will set the wheels in motion and about 5 months later she will have an interview at the US Consulate General in Juarez. When all is said and done, she will receive an IR-1 visa to the US and enter as a LPR. She would receive her unrestricted 10-year Green Card in the mail about 7 to 12 days later.

However, unless she has a waiver, that will be in the year 2021 or later. I suggest to go to www.immigrate2us.net and post there. One of the most competent waiver attorneys, the amazing Laurel Scott, has a free weekly chat there.

Good luck.

Edited by Just Bob

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

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Russia
Timeline

HI THERE THANK YOU FOR STOPPING TO HELP ON THIS ONE,A FREIND OF MINES HAS A GIRLFRIEND THAT ENTERED THE STATES ILLEAGALLY SHE HAS BEEN HERE I THINK FOR ABOUT 8-10 YEARS SHE HAD A CHILD THATS ABOT 7 YEARS OLD AMERICAN CITIZEN BORN HERE SHE SEPERATED FROM CHILDS DAD STAYED IN THE STATES AND MET MY BUDDY NOW THERE THINKING ABOUT GETTING MARRIED WHERE DO THEY START??WHAT CAN THEY DO ?? ANY INFO I GLADLY ACCEPTED AND HELPFUL THANK YOU

the "starting point" is getting married otherwise there is no basis for her to file a relative application (I130). I assume your "buddy" is US Citizen? After the wedding file I130 and when the interview is assigned a date time, the applicant will go to overseas consulate and interview and also submit a waiver packet.

As Bob said this is not do it yourself type of thing. First she should consult with immigration attorney to make sure there is no basis for her to adjust status via 245i or some other overlooked method. The big issue is the 10 year bar she will face after leaving to go to the interview ... this can be overcome by waiver but it is difficult and will result in her being out of the country for a long time possibly while the waiver is adjudicated.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

Which country is she from?


“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.”

Share this post


Link to post
Share on other sites
Filed: Timeline

thank you guys for all your help and answers she is from guatemala..and i dont think she will qualify for the 601 waiver considering hes not the father of the child i dont know how thats all gonna work out for them but i will pass on all the info to him i think hes gonna get a dammm good attorney..thank you to all the answers

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

Mexico was mentioned, they and they alone have a fast track scheme.

Assuming no other factors you have not mentioned it is really a drafting issue. But there will be a time she will need to spend at home.

Edited by Boiler

“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.”

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Mexico
Timeline

thank you guys for all your help and answers she is from guatemala..and i dont think she will qualify for the 601 waiver considering hes not the father of the child i dont know how thats all gonna work out for them but i will pass on all the info to him i think hes gonna get a dammm good attorney..thank you to all the answers

Him being the father of the child doesn't have anything to do with an I-601. He needs to show her leaving would be a hardship. Besides getting married, they also have the option of a fiance visa. I strongly suggest you refer them to immigrate2us.net and Laurel Scott.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

Him being the father of the child doesn't have anything to do with an I-601. He needs to show her leaving would be a hardship. Besides getting married, they also have the option of a fiance visa. I strongly suggest you refer them to immigrate2us.net and Laurel Scott.

Him having to move, not her.


“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.”

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Russia
Timeline

thank you guys for all your help and answers she is from guatemala..and i dont think she will qualify for the 601 waiver considering hes not the father of the child i dont know how thats all gonna work out for them but i will pass on all the info to him i think hes gonna get a dammm good attorney..thank you to all the answers

The 'qualified relative" in an I601 case is the US Citizen/LPR spouse or parent. If she gets married she will have a qualified relationship and a relative to petition for her. The paternity of the child is not material to the I601.

Share this post


Link to post
Share on other sites
Filed: Timeline

good morning to all and a big thank you to all for your help..i think there gonna tie the knot and start i-130 and try to get a good lawyer..after reading alot on this site and other sites shes gonna have to go back to her home which is guatemala after i think i-130 gets approved there gonna reject her at the interview and thats when there gonna start the 601 there is no time frame for when she will be able to return she triggered the 10 year ban..i read somewhere that she should return on her own and they should start k-1 would that be better would she still get that 10 year ban???thanks again guys any insight is helpful and a happy fathers day too alll out there in visa juorny land :)

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

Regardless of what visa she applies for in her home country, she will still get the ban for the unlawful presence in the US.

It is up to them if they want to go for a spousal visa or a fiance visa, it won't matter in the end

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...