What wife of an LPR can do to stay legally in US?

[rebeccajo 14]

I think that both of you are correct in that he would "technically" be harboring an illegal, but I am also pretty sure that this is not the kind of person that Immigration Enforcement will be going after.

Jane, a bar is a bar. They won't be 'going after' anybody. They will issue Removal Proceedings and they will be enforced.

Risk the bar or spend thousand of dollars in legal fees fighting it.

Rebeccajo: I know you tow the hard line, but I'm not saying the person should break the law, I'm just saying I understand the temptation. I agree with you however, the OP should do things the legal way.

LOL.....I don't 'tow the hard line'. I just smelled the wolfe in sheeps clothing, as was revealed in his posts that came between yours and this one of mine.

Something the AO is even better trained to sniff out than me.

Edited November 29, 2006 by rebeccajo

[peezey 0]

Thanks a lot for such answer! it seems that even not 100% sure this info is just enough to take our chances. Sorry but I just cannot agree with a law that enforces separation of married people due to some "glitches" or whatever... it would be inhuman, moreover I personally think that would stay in conflict with US constutional right for being happy

Anyway I think that sending my wife back home just in order to petition on her and get her another visa (K-3) to come back here do not make any sense to me.

Thanks again!

Why on earth you would consider anything this risky is beyond me. You are so close to your USC, which I assume not only you but your father 10 years ago worked very hard to earn. Seems like quite an insult to him, at the very least.

All of us here have waited and waited and it is the worst. But you will not be so smug if/when your wife is asked to leave the country and not return, potentially for 10 years, and on top of that, your naturalization denied.

Edited November 29, 2006 by peezey

[FeniX 0]

Speaking as someone who has family members in jobs dealing with national security issues as part of said jobs, I can't agree strongly enough with this statement. You may think you might have been smart with how you rigged the timing of things, but they're not dumb, they're trained to spot stuff like that.

good luck.

that's not about being smart or dumb or daredevil... this is about our life dude. Life seems to be to short to follow every single stupid rule in this world.

The real reason of extension my wife's visa is still the same as for the first time, such same is the intent (for now). All we try to achieve is my wife staying legally until I become USC. whether my wife leaves to Poland or not when her tourist visa expires is her decision not mine. But I will not force her to do anything, can only support her in what she decides. I do not hide that I would be happy if she stays here on tourist visa until I become an USC and petition on her to get the GC.

IMHO: USA has the worst immigration laws in the world I think. Immigration laws should not interfere with private part of life and force people make bad or worse choices.

To be honest until the end, there is one thing that drives me crazy: If we never got married it would be so much easier to get USC with no worries about wife (even if illegal or overstayed or working illegaly, or whatever) and than to petition for AOS to get her the GC with no problems, huh? but we got married before I became an USC... IMHO it should be easier now for us not harder as it is supposed to be "in the light of law". That's insane.

[rebeccajo 14]

FeniX, I don't think any of us would disagree with you that our immigration laws are not always 'family friendly'.

That being said nobody here wants to see you make a mistake that could potentially impact the LONG TERM happiness of your family. You must admit, separations of months or even a year beat a permanent one.

It is difficult to separate the 'laws of man' from the 'rules of the heart'. But they are separate issues unfortunately.

[peezey 0]

whether my wife leaves to Poland or not when her tourist visa expires is her decision not mine. But I will not force her to do anything, can only support her in what she decides. I do not hide that I would be happy if she stays here on tourist visa until I become an USC and petition on her to get the GC.

IMHO: USA has the worst immigration laws in the world I think. Immigration laws should not interfere with private part of life and force people make bad or worse choices.

Dude! if she makes a decision to stay illegally, do you not see how this can effect your chances of USC? No one here is arguing the laws don't suck, but they are what they are, and sometimes you have to do things like this so that your future is set. Waiting 1 or 2 years now will be meaningless after you're married for 20 years.

[FeniX 0]

Why on earth you would consider anything this risky is beyond me. You are so close to your USC, which I assume not only you but your father 10 years ago worked very hard to earn. Seems like quite an insult to him, at the very least.

All of us here have waited and waited and it is the worst. But you will not be so smug if/when your wife is asked to leave the country and not return, potentially for 10 years, and on top of that, your naturalization denied.

If this is an "insult" to my father or not please leave to my opinion. That was an irrelevant fact here. Anyway since my father is dead since a year it wouldn't matter to him anymore. no more "opinions" like that please...

One is sure: if she is asked to leave the country for ten years, I follow this also, since could not stay in such country with "laws" like that. let's cut the ####### and forget emotions and cutting into privacy. this discussion was supposed to be purely focused on law and former expereinces with many rules and regulations.

So there was one voice (from a lawyer) that illegal overstay of my wife doesn't interfere with citizenship process. An we have many voices saying that law is the law and must be obeyed no matter what. hmmm. interesting.

Edited November 29, 2006 by FeniX

[rebeccajo 14]

..... let's cut the ####### and forget emotions and cutting into privacy. this discussion was supposed to be purely focused on law and former expereinces with many rules and regulations.

FeniX, is that your emotion I see cutting into your #######?

[Killer_Clown_2009 0]

Jane, a bar is a bar. They won't be 'going after' anybody. They will issue Removal Proceedings and they will be enforced.

Risk the bar or spend thousand of dollars in legal fees fighting it.

anyways I am going to advice fen to talk to a lawyer again.

and i'm gonna step out of this debate.

Everyone should go read this and see why i don't think it's a huge risk. even us officials bend the law and are not nearly as hard assed as they are made out to be on this site.

http://immigration.about.com/library/weekly/aa122900a.htm

Edited November 29, 2006 by jane2005

[peezey 0]

Everyone should go read this and see why i don't think it's a huge risk. even us officials bend the law and are not nearly as hard assed as they are made out to be on this site.

Based on my own very hard-###, very tough, ridiculous experience with US officials in a very simple, by the book situation, I will continue to believe that there will always be a jerk and s/he might just be in your local office, or might just be the ajudicating CO, or just might be the office worker reviewing your packet, so no matter how much you hate the law, these are life altering situations, and you might as well follow the law.

[aussiewench 9]

Just one question:

Should I file I-130 on my wife before I apply fo a citizenship or not? anyway I will have to admit in N-400 app that I have a wife who stays overseas, and I think it would be seemed well if there is I-130 petition pending on her...

I think the I-130 will just sit on the shelf until her priority date comes up (many years from now) or until you upgrade the petition when you get your citizenship. I can't see any good reason to file before you're a USC.

99% likelihood is that the OP will be a citizen before the priority date for the F2A category comes up, given that the current priority date is 4 1/2 years ago. Sure, his citizenship could be held up, but its a slim chance of that happening compared to the [/b].

For one thing, the OP would be able to sue for citizenship much quicker than the F2A category comes up.

We can't tell you what to do, but we can tell you your choices are:

1. Your wife stays in the USA illegally until you can file AOS for her as a USC. This way you may risk your USC status if USCIS gets wind of the fact that you a married to an illegal alien. Also she may get deported and banned from re-entering the USA for 3-10 years.

2. Your wife returns to Poland, you get USC, get a K-3, she comes to the USA and everything is legal and above board. Downsides: forced to remain apart for a long time.

3. File for your wife as a LPR, and have to wait 4-5 years for the I-130 to be approved. Personally I don't think this is worth it if you are close to being able to apply for citizenship.

Personally, I would be considering talking to a lawyer right now.

An I-130 will be approved for an LPR just as for a USC. Its the visa application/interview stage where they are placed in a line until a visa number comes up. An LPR filing an I-130 is saving time in effect because their case more than likely will have already progressed to case complete at NVC when they are then able to change their petitioning status to that of of USC and onwards then to be scheduled an interview. I'm not saying this is what the OP should do, but had to correct the info.

What does the petition do for my relative?

Filing an I-130 relative petition and proving a qualifying relationship

gives the relative a place in line for a visa number among others

waiting to immigrate based on that same kind of relationship. When

the place in line is reached, the relative will become eligible to apply

for permanent residence, or if abroad, for an immigrant visa.

For example: You file an I-130 petition for your husband or wife.

If we approve it, your petition gives him or her a place in the line

of people from the same country who are also husbands and

wives of permanent residents.

After I file, how long will it be before my relative can

immigrate?

The length of the line–and thus, the wait before your relative can

actually apply to immigrate–varies by relationship and country. For

most relatives, the combination of high demand and the limits set by

law on how many people can immigrate each year means that they

may have to wait several years behind those with petitions that were

filed before theirs. When your relative reaches the front of the line,

the U.S. Department of State will contact him/her with instructions

on how to apply for an immigrant visa. If you are interested in

current wait times, see “Visa Bulletins” on the State Department’s

website at www.travel.state.gov/visa.

http://www.uscis.gov/files/article/B1.pdf

[rebeccajo 14]

Well - I was wrong and stand corrected.

[meauxna 15]

Fen, I've been looking around for some information for you, but I still think you should contact a lawyer.

Your wife didn't enter the US "without inspection", therefore she is not "illegal".

Even if she overstays her tourist visa, she would be considered A> out of status B> unlawfully present.

I don't think having your out of status wife continue to reside with you is considered "harbouring an illegal".

I think that pertains to helping someone who entered the US without inspection.

I personally don't see that her being out of status should affect your citizenship application, but again that is just my opinion. I will let you know if I find anymore information.

Thanks a lot for such answer! it seems that even not 100% sure this info is just enough to take our chances. Sorry but I just cannot agree with a law that enforces separation of married people due to some "glitches" or whatever... it would be inhuman, moreover I personally think that would stay in conflict with US constutional right for being happy

Anyway I think that sending my wife back home just in order to petition on her and get her another visa (K-3) to come back here do not make any sense to me.

Thanks again!

It should NOT be enough to satisfy you. One person's opinion, especially on the internet, should not be enough to convince you that all will be fine. You are at a delicate stage in your immigration; your naturalization is not really something you want to mess up at this point.

The promise from the Constitution you are looking for is the pursuit of happiness, not happiness itself. This is a question for your citizenship test, so may as well get it right now.

You would be sending your wife home because she doesn't have a legal basis to live here for the next couple of years while you get yourself sorted out. Asking her to be illegal for you is selfish, IMO.

Plus, if you're smart, start reading up on Direct Consular Filing. You should be able to get her an Immigrant Visa in Poland inside of a couple of months once you are a USC.

I think that both of you are correct in that he would "technically" be harboring an illegal, but I am also pretty sure that this is not the kind of person that Immigration Enforcement will be going after.

It's not ICE that he has to worry about.. the wife could live here illegally for donkey's years and probably not be caught.

BUT, the guidelines for naturalization are strict and liquid. Being a 'person of good moral character' for example, is an easy place for people to get tripped up.

I know your common sense tells you it should not be an issue. I saw you post elsewhere that you had it 'on good authority' that he would not have an issue. But assuming you only know the same amount that I know about this OP, neitgher of us is in a position to answer definitively. We're first of all not very experienced, marginally well read and certainly not trained in the topic of discussion.

These are people's lives. Real people.

So there was one voice (from a lawyer) that illegal overstay of my wife doesn't interfere with citizenship process. An we have many voices saying that law is the law and must be obeyed no matter what. hmmm. interesting.

Where? Who said?

The reason we give the most conservative information here is because we don't know you, know your case, know your wife and this is a subjective area of the law.

By the book, you'd not be eligible for natz. You continuing to rail on about it doesn't make it any more legal, right or palatable. There are thousands of deserving LPRs i the US who are without their spouses, waiting their time. What makes you different/better/more special?

BTW, from your first post, please don't think that the 2nd tourist visa extension will fly. Plan that it will be denied.

and i'm gonna step out of this debate.

Everyone should go read this and see why i don't think it's a huge risk. even us officials bend the law and are not nearly as hard assed as they are made out to be on this site.

http://immigration.about.com/library/weekly/aa122900a.htm

This article is not about DHS or CIS bending any of their plicies--it's about a local judge reducing a sentance to AVOID the arcane, retroactive conditions of their new removal policies. And oh yes, we had several high profile removals in my state because of this law. Including a nursing mother who had been living in peace for the past 10 years, having forgotten about a misdemeanor pot charge from her wild youth.

I dont' see how this article supports your lack of concern. If anything, it would amplify mine (if I were the OP).

An I-130 will be approved for an LPR just as for a USC. Its the visa application/interview stage where they are placed in a line until a visa number comes up. An LPR filing an I-130 is saving time in effect because their case more than likely will have already progressed to case complete at NVC when they are then able to change their petitioning status to that of of USC and onwards then to be scheduled an interview. I'm not saying this is what the OP should do, but had to correct the info.

And finally, filing the I-130 now is a safety step. Should something happen to delay the OP's naturalization (name checks or one of a thousand other 'lightning strikes', his wife maintains her place in line and potentially gets back to the US faster.

If he decides to DCF after natz, he can file a new I-130. Seems like a good use of a couple hundred bucks to me.

[rebeccajo 14]

Well - I was wrong and stand corrected.

*mutters*

OK....this isn't about me being personally right or wrong. I want to understand this and the stuff that Mo just posted above has me ALL CORNFUZZLED......

He can file for her right? That's a point I didn't know.

But....she will have to get in line for a number? So not a regular AOS approval like with see with USC's? Am I right?

At what point is she 'out of status'? Until he's a citizen?

I'm trying to break this down into layman's terms, which I realize probably isn't that simple.....

Edited November 30, 2006 by rebeccajo

[FeniX 0]

hey, i am just asking questions and gathering info what is and what is not legal. I think that what I write harms nobody. What I personally feel is my private opinion and perhaps I shouldn't post it here. didn't know this is so delicate issue for you. However I am surprised with the course of this discussion.

Anyways, I cannot access this website anymore, so probably my IP address was banned. Do not completely understand why? posting from elsewhere... do no think I cannot acces this website from some other places too...

So... nice talking to you, I'll step out now.

---

Freedom to talk

[aussiewench 9]

hey, i am just asking questions and gathering info what is and what is not legal. I think that what I write harms nobody. What I personally feel is my private opinion and perhaps I shouldn't post it here. didn't know this is so delicate issue for you. However I am surprised with the course of this discussion.

Anyways, I cannot access this website anymore, so probably my IP address was banned. Do not completely understand why? posting from elsewhere... do no think I cannot acces this website from some other places too...

So... nice talking to you, I'll step out now.

---

Freedom to talk

I dont see why you would of been banned. You have said nothing out of the ordinary and admin does not ban members for no reason. Sometimes members have reported having trouble logging in. Also if as you say you are posting from elsewhere, it is possible that a group of IP addresses is banned and unfortunately where you are at the moment is inculded amongst them. Its nothing to do with being banned. PM Captain Ewok or post the question in the Site Related Issues Forum.

This is an open forum and you will get various responses. No one is trying to demean you .......this is a support/help group where we share experience and knowledge.

Edited November 30, 2006 by aussiewench