Marriage and GC problems

[VanessaTony 3,567]

I know that and I agree with you. Just get married is not enough. After that we are going to submit I-130, get NOA, then submit I-485 along with other papers (based on info from here - http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD ). Or submit all paperwork simultaneously, depending on our financial abilities or if we get some help from our family.

You're going to need to file them together to legally stay. Filing the I-130 doesn't give you the ability to stay and if you wait too long it'll be sent to your home country for processing and be a real pain to bring back.

[Jahwaree 83]

You can get a marriage license without the SSN...go apply for a tax ID its free...use that # in the meantime,

you take your passport and BC to get the license, and marry right there at the court, your BF can take any job he

can find, can you do hair (braid) babysit for friends or his family, you are not able to work, but anything to

help feels good all around...see when there's no money and only bickering Love Jumps Out the window, no one

wants to make love on hungry belly...Dont know about waiver to file because USCIS may say if they have'nt allowed

you a GC yet and he cannot provide for you or pay for the process thats no good. Maybe these waivers are for minors,

vawa and humanitarian issues (I dont know)Its hard in that area especially with no papers, but dude can create

something for himself, if he owns a lawn mower, a vehicle, can he paint? put flyers in the community and check

out places that hire telemarketers.....good luck , hope you dont have a run in with ICE.

[Done--Really 331]

There is another webste that specializes in folks with immigration issues, like being here out of status. I recommend that you go over there...you will find essentially the same information as here, but they have a support system second to none for folks in your situation...much better than here.

www.immigrate2us.net

[StephAnn2012 50]

'Jahwaree' "You can get a marriage license without the SSN...go apply for a tax ID its free...use that # in the meantime, you take your passport and BC to get the license, and marry right there at the court, your BF can take any job he can find, can you do hair (braid) babysit for friends or his family, you are not able to work, but anything to help feels good all around...

TERRIBLE advice - Tax ID is not SSN - using it for purposes intended for marriage is not an option: From IRS

The following form is available only to employers located in Puerto Rico, Solicitud de Número de Identificación Patronal (EIN) SS-4PR (PDF).

ITIN

An ITIN, or Individual Taxpayer Identification Number, is a tax processing number only available for certain nonresident and resident aliens, their spouses, and dependents who cannot get a Social Security Number (SSN). It is a 9-digit number, beginning with the number "9", formatted like an SSN (NNN-NN-NNNN).

To obtain an ITIN, you must complete IRS Form W-7, IRS Application for Individual Taxpayer Identification Number (PDF) . The Form W-7 requires documentation substantiating foreign/alien status and true identity for each individual. You may either mail the documentation, along with the Form W-7, to the address shown in the Form W-7 Instructions, present it at IRS walk-in offices, or process your application through an Acceptance Agent authorized by the IRS. Form W-7(SP), Solicitud de Número de Identificación Personal del Contribuyente del Servicio de Impuestos Internos (PDF) is available for use by Spanish speakers.SECOND -

Working for money can only be done by a legal alien or US citizen - If she works for any money, doing any job, she will then have to lie on her applications about having worked in the US illegally.  Why compound their problems with home brewed advice?

OP - Please do your research - Understand that your options are best given to you by competent legal advisers and as I understand your challenge, you can't afford that.  The root of your problems can't be solved by miracle loopholes in the system. The laws were specifically designed to keep people from abusing the system. Although your intentions were never to break the law, remember your intentions don't matter.  What you did put you in an illegal status and you are subject to deportation.  You need money and a good legal team in my opinion unless you just want to follow the laws as written.

Edited February 24, 2013 by StephAnn2012

[SAT 9,609]

You can't take a passport to any government office (Justice of the Peace) and get married. The same requirements are true for all - You must provide proof that you can legally marry - That requires government documents which she clearly cannot give because she is here illegally.

I'm sorry to correct you on this. I married my wife in New York City in 2008, and all she had was a Malaysian passport.

I also know a couple, both on overstay here, married in NY with just their Malaysian passports. No other ID.

[SAT 9,609]

SECOND - Working for money can only be done by a legal alien or US citizen - If she works for any money, doing any job, she will then have to lie on her applications about having worked in the US illegally. Why compound their problems with home brewed advice?

OP - Please do your research - Understand that your options are best given to you by competent legal advisers and as I understand your challenge, you can't afford that. The root of your problems can't be solved by miracle loopholes in the system.

The laws were specifically designed to keep people from abusing the system.

Although your intentions were never to break the law, remember your intentions don't matter. What you did put you in an illegal status and you are subject to deportation. You need money and a good legal team in my opinion unless you just want to follow the laws as written.

Also disagree.... read my story. My wife and I met here in NY. We fell in love and she never went home. She overstayed her visa by 7 years waiting for me to marry her. naturally she worked illegally. AND we disclosed it to the USCIS, and her employment was never an issue. All was forgiven, AOS process was smooth and quick.

[SAT 9,609]

Life happens. She came as a tourist and ended up being American.....

[Done--Really 331]

Thanks SteveAndTiff...that's why I urge the OP to go to the other website where they are experts in these types of cases and the disinformation is minimal. Too many things here that are just opinions are stated as facts, misleading the OP and all who come later to read the posts.

In her case, since she entered with a valid visa, all will be forgiven if she gets married and goes through AOS...the only problem is meeting the financial requirements, assuming she has never left the country in the meantime and will stay for the entire AOS process which in her case shouyld be a piece of cake.

www.immigrate2us.net

Really !!

Edited February 24, 2013 by magical

[SAT 9,609]

Thanks SteveAndTiff...that's why I urge the OP to go to the other website where they are experts in these types of cases and the disinformation is minimal. Too many things here that are just opinions are stated as facts, misleading the OP and all who come later to read the posts.

www.immigrate2us.net

Really !!

yours is the best advice yet.

OP can relate to my story also. (Except my wife and I didn't know each other when she came to the US).

[SAT 9,609]

OP - Please do your research - Understand that your options are best given to you by competent legal advisers and as I understand your challenge, you can't afford that. The root of your problems can't be solved by miracle loopholes in the system. The laws were specifically designed to keep people from abusing the system. Although your intentions were never to break the law, remember your intentions don't matter. What you did put you in an illegal status and you are subject to deportation. You need money and a good legal team in my opinion unless you just want to follow the laws as written.

Intentions matter, it matters a lot..... If the OPs intentions were to visit her BF, and ends up being married. This is AOS-capable. If OPs intentions were to take a short cut and come here for the purpose of getting married to bypass long processing, that's illegal.

[StephAnn2012 50]

'SteveAndTiff' I'm sorry to correct you on this. I married my wife in New York City in 2008, and all she had was a Malaysian passport.  I also know a couple, both on overstay here, married in NY with just their Malaysian passports. No other ID.

I would love to be wrong on this and would absolutely be delighted to find out that this young couple get married - find financial peace and live happily ever after. But I am limited to what is written on the IRS, USCIS websites as a basis for any advice I could responsibly give to anyone else.

To your point: Was your wife here legally? Had she gone "years" past her VISA departure date? If she had overstayed her VISA, how much money did you spend to get competent legal advice before proceeding? - This couple's situation may be the same as yours on the surface, but is it the same situation?

If you did these things and accomplished the goal they seek. Please give them details so they can be successful too.

[Done--Really 331]

She has been here three years !! Certainly no intent to take a shortcut !!

And no reason to spend $$ on a lawyer...this will be easy, except for the financial issues.

[SAT 9,609]

'SteveAndTiff' I'm sorry to correct you on this. I married my wife in New York City in 2008, and all she had was a Malaysian passport. I also know a couple, both on overstay here, married in NY with just their Malaysian passports. No other ID.

I would love to be wrong on this and would absolutely be delighted to find out that this young couple get married - find financial peace and live happily ever after. But I am limited to what is written on the IRS, USCIS websites as a basis for any advice I could responsibly give to anyone else.

To your point: Was your wife here legally? Had she gone "years" past her VISA departure date? If she had overstayed her VISA, how much money did you spend to get competent legal advice before proceeding? - This couple's situation may be the same as yours on the surface, but is it the same situation?

If you did these things and accomplished the goal they seek. Please give them details so they can be successful too.

Feel free to brief thru my profile and timeline.

I met Tiff here in NY. She was a tourist. We didn't know eachother. I dragged her around for years. (My bad). She held down part time jobs. we got married in NYC in 2008. We went thru AOS, no information withheld. I was my own attorney. Tiff is now a Naturalized citizen. (And a spoiled American princess lol)

[Done--Really 331]

Steph...you are missing the point. Since she entered with a valid visa, all will be forgiven, including working without papers as they say. It's not whether she overstayed that counts--no big deal unless she leaves--but whether she entered legally, which she did. You unfortunately are stirring up a pot that doesn't need to be stirred. AOS is straightforward, and really doesn't require a lawyer in all but the most extreme cases which this is not.

If you were to wander over to www.immigrate2us.net you will literally find hundreds and hundreds of people who have gone through this and worse on their own.

[SAT 9,609]

She has been here three years !! Certainly no intent to take a shortcut !!

And no reason to spend $$ on a lawyer...this will be easy, except for the financial issues.

I agree. This is actually a pretty common scenario according to me.

OP, good luck to you.