Wife concerned about getting in trouble

[kr78 0]

Hi all,

My wife who is a US citizen and I, who is a Canadian citizen got married last october. We are having issues because she is concerned that she may get into legal trouble by being married to me. She spoke to lawyer from her company about her legal rights and he gave her info saying that if we send the paperwork in I could get deported. Long story short I overstayed my visit and am now married and have worked under the table to make money. The lawyer I saw before said don't leave the US and send your paperwork in. Everything I have read and even the USCIS hotline has told me this as well.

Is my wife in any kind of legal trouble being married to me? I told her no as I have never heard of anything to this point. Also, going back to Canada and applying for some kind of visa to get back in to do the same paperwork would be illogical correct?

Thanks everyone

Cheers

[Harpa Timsah 13,258]

DO NOT LEAVE THE US.

You could be detained, but since you are clearly eligible to adjust status, you won't be deported. She will not be in any trouble at all for being married to you. I assume by "sending paperwork in" you mean applying for your Greencard? Someone from her work said if you apply for residency you will get deported? No.

Overstay is forgiven/irrelevant for spouses of US Citizens, as a courtesy to the USC. Illegal work is also irrelevant/forgiven, as long as you haven't fabricated a SSN or claimed to be a USC. You will also need to pay taxes on your previous income.

You should file for Adjustment of Status straightaway. You will get your Greencard in 3-5 months. If you left the US you would trigger a ban for reentering on any visa.

Once the paperwork is accepted for initial review, you will begin a NEW period of authorized stay. Do not apply for the temporary travel permission, called Advance Parole, because you can't use it (though you will be approved for it). Wait until you have the GC to travel.

[misterbigtoe 45]

DO NOT LEAVE THE US.

You could be detained, but since you are clearly eligible to adjust status, you won't be deported. She will not be in any trouble at all for being married to you. I assume by "sending paperwork in" you mean applying for your Greencard? Someone from her work said if you apply for residency you will get deported? No.

Overstay is forgiven/irrelevant for spouses of US Citizens, as a courtesy to the USC. Illegal work is also irrelevant/forgiven, as long as you haven't fabricated a SSN or claimed to be a USC. You will also need to pay taxes on your previous income.

You should file for Adjustment of Status straightaway. You will get your Greencard in 3-5 months. If you left the US you would trigger a ban for reentering on any visa.

Once the paperwork is accepted for initial review, you will begin a NEW period of authorized stay. Do not apply for the temporary travel permission, called Advance Parole, because you can't use it (though you will be approved for it). Wait until you have the GC to travel.

Ditto Ditto Ditto

Edited September 2, 2011 by misterbigtoe

[kr78 0]

DO NOT LEAVE THE US.

You could be detained, but since you are clearly eligible to adjust status, you won't be deported. She will not be in any trouble at all for being married to you. I assume by "sending paperwork in" you mean applying for your Greencard? Someone from her work said if you apply for residency you will get deported? No.

Overstay is forgiven/irrelevant for spouses of US Citizens, as a courtesy to the USC. Illegal work is also irrelevant/forgiven, as long as you haven't fabricated a SSN or claimed to be a USC. You will also need to pay taxes on your previous income.

You should file for Adjustment of Status straightaway. You will get your Greencard in 3-5 months. If you left the US you would trigger a ban for reentering on any visa.

Once the paperwork is accepted for initial review, you will begin a NEW period of authorized stay. Do not apply for the temporary travel permission, called Advance Parole, because you can't use it (though you will be approved for it). Wait until you have the GC to travel.

Thank you so much for the advice. I was told this by a lawyer and also USCIS hotline and read it on this forum but my wife is scarred because she has been getting advice from people who have no idea how immigration works.

[Harpa Timsah 13,258]

She should not listen to them... really. I assume they think it is better to hide and that by sending in papers you will notify them of your presence? They have no idea how immigration works and what benefits you are eligible for... AT ALL. You are not an undocumented alien, you have overstayed your visa. Like I said, this is irrelevant/forgiven for spouses of USCs, as a courtesy to the USC.

You two should have applied right after your marriage, and you'd be a Legal Permanent Resident by now. But anyway, apply ASAP

[JimVaPhuong 4,863]

Hi all,

My wife who is a US citizen and I, who is a Canadian citizen got married last october. We are having issues because she is concerned that she may get into legal trouble by being married to me. She spoke to lawyer from her company about her legal rights and he gave her info saying that if we send the paperwork in I could get deported. Long story short I overstayed my visit and am now married and have worked under the table to make money. The lawyer I saw before said don't leave the US and send your paperwork in. Everything I have read and even the USCIS hotline has told me this as well.

Is my wife in any kind of legal trouble being married to me? I told her no as I have never heard of anything to this point. Also, going back to Canada and applying for some kind of visa to get back in to do the same paperwork would be illogical correct?

Thanks everyone

Cheers

You're listening to a business attorney about immigration law?

American citizens do not get into trouble for falling in love and getting married, regardless who they marry. The lawyer doesn't know his culus from an agro scrobem.

[Harpa Timsah 13,258]

The lawyer doesn't know his culus from an agro scrobem.

[Brother Hesekiel 2,235]

If my school Latin serves me, that would be a person's butt crack compared to an rather agricultural ditch.

Classy.

[juliava 80]

I wonder how many immigrants really live in RI. I guess it's not a very high procentage and that could be a possible explanation why everybody treats you like a criminal and they examine you like a bug under an old loop.

Welcome to VisaJourney, don't leave US just like everybody says and I must add - from now on do not leave this website. You are eligible to file for AOS and any questions you may have please address them here. This is a great virtual community who would be able to help you more than a business lawyer.

Good luck!

[SaraDee 9]

If it makes her feel better, I am Canadian and was in a similar situation. We got married before the 6 month visa was over, but we waited a whole year to apply for the green card. You will be forgiven for working illegally but be honest about it. Lying about it may get you in trouble. Other than that I see you guys having no problems. In the interview they rarely bring up the overstay. Just make sure you have a lot of evidence to prove you are in a good faith marriage and you will be fine! Good Luck!!