Jump to content
Sign in to follow this  
love & hope

AOS for spouse(illegal)

7 posts in this topic

Recommended Posts

Hello, I am a u.s. citizen applying for my wife. she has been here almost her whole life. we recently got our approval for the I-130 and now we are about to file the I-485. We were told it would be ok, I am just wondering if anyone who has filed themselves, and was brought here illegally as a child has had any problems? or can share their experience. we would greatly appreciate it. i just dont want to file and pay all that money to get denied.

thanks,

Share this post


Link to post
Share on other sites

If she entered without inspection, she CANNOT file I-485, unless someone filed a petition for her before 2001. Who told you it would be okay?


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

I was but was grandfathered in from my aunt filing for my mother a few years ago I will have to check my form and see which one and the date. I am not positive but to my understanding she would not have to leave the country cuz 1 she is marrying a USC and 2 she can show proof that he was present in the us dec of 00 or 01 again not positive I can double check.

Share this post


Link to post
Share on other sites

There are instances when the time and money spent to consult a qualified immigration attorney makes sense. This would be one of those times in your life.

Sit down with someone where you can go through all the specifics of your wife's circumstances.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites

I was but was grandfathered in from my aunt filing for my mother a few years ago I will have to check my form and see which one and the date. I am not positive but to my understanding she would not have to leave the country cuz 1 she is marrying a USC and 2 she can show proof that he was present in the us dec of 00 or 01 again not positive I can double check.

exactly, she has to be grandfathered under the 245i law, there has to be a peticion in her favor before April 30th, 2001 like you were, just because she was here by that date does nothing, and it doesn't matter that she is married to a USC, she entered without inspection, that's what matters.

Share this post


Link to post
Share on other sites

**** Moving from AOS from Family visa to AOS from Student/ Tourist/ Other *****

Op, are you absolutely sure your wife was smuggled over? Could she have come on a tourist visa or border crossing card and stayed? It will make a big difference to your case.

When did she come over and how old is she now?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

You definitely need to find out the nature of her entry and consult with an immigration attorney before you file anything. The three linked in my signature are attorneys who I trust and respect immensely and who are excellent with cases like yours. They all can offer valuable advice before you file, especially if you're planning to do this on your own. If it turns out she entered without inspection and is otherwise ineligible to adjust status, she's going to need to get her visa abroad and file an I-601 waiver for unlawful presence, which is a huge undertaking. There are a lot of twists in this situation, including the fact that a Provisional Waiver program is projected to begin by the end of year which would allow her to wait for waiver approval from inside the US instead of having to wait outside the US for waiver approval. All kinds of complications. I suggest checking out the General Waiver section at immigrate2us.net. You can find a lot of information regarding the process for gaining legal status for a spouse who is unlawfully present.


Long story short, we have a complicated case. We've been at this for nearly 5 years. You can read our story here. I highly recommend our attorney Laurel Scott, as well as attorneys Laura Fernandez and Lizz Cannon .

Filed I-130 via CSC in Feb 2008. Petition approved June 2008. Consular interview in Mexico, Oct 2008, visa denied, INA 212a6cii. We allege improper application of the law in this case.

2012, started over in Seoul: I-130 filed DCF on 7/2, I-130 approved 8/8, Medical at Yonsei Severance 11/20, IR1 appointment in November 2012.

CRBA filed 1-3-13 at Seoul for our daughter

4MLHm5.pngCzLqp9.png

You can find me at

Immigrate2us.net as Los G :)

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.
×