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myaelis Newbie

myaelis   0

Posted
Filed: Other Country: Honduras
 Timeline
Posted

Hello Everyone,

I have been with my fiance for 4 years now. He has been here illegally since 1996. He has never been deported and has never had any legal problems. We have an almost 2 year old daughter and another baby on the way. We are planning on getting maried in the middle of next year. I want to adjust his status. I need to know exactly what I need to do in order for him to stay here in the U.S. with me and our kids. I was told that he was going to have to leave the country and someone else told me that he didn't. Isn't there a fine that he can pay without leaving the country?

khool Contributor

khool   0

Posted
Filed: Timeline
Posted
Hello Everyone,

I have been with my fiance for 4 years now. He has been here illegally since 1996. He has never been deported and has never had any legal problems. We have an almost 2 year old daughter and another baby on the way. We are planning on getting maried in the middle of next year. I want to adjust his status. I need to know exactly what I need to do in order for him to stay here in the U.S. with me and our kids. I was told that he was going to have to leave the country and someone else told me that he didn't. Isn't there a fine that he can pay without leaving the country?

How did he get here in the first place? Doesn't sound like an overstay situation to me. This question is probably best advised by an immigration attorney.

9/4/06 - AOS package accepted at Chicago

9/11/06 - ND AOS package

9/14/06 - NOA AOS, AP and EAD

9/16/06 - Biometrics letter received

9/18/06 - All touched

9/19/06 - AP and EAD touched

9/20/06 - RFE notice by email (verify income and employment)

9/23/06 - Biometrics

9/25/06 - NOA I-130 (finally)

9/26/06 - Touched AOS and EAD

10/4/06 - Returned RFE materials by USPS Express mail

10/5/06 - RFE materials signed for by D Atwell

10/12/06 - E-Mail notification RFE material received 10/10/06

11/3/06 - Received interview notice (for 12/18/06)

12/18/06 - Approved with letter in hand (no stamp)

1/3/07 - GC in hand Remove conditions 9/18/08

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

Yes he will have to leave the country.... he can not do AOS unless he was legally addmitted to the USA.... once he has returned to his home country you will need file for a visa for him... this will be denied because of his illegal time here in the US then you will need to file a wavier on the grounds of hardship and if that is approved then he might get a visa to come here legally...

You need to talk all of this through with a good immigration lawyer who know about illegal immigrants...

Kez

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

myaelis,

You and your fiance should have a consultation with an immigration attorney to review all of the facts of his situation. Little details that you might not think are significant can make a big difference.

Yodrak

Hello Everyone,

I have been with my fiance for 4 years now. He has been here illegally since 1996. He has never been deported and has never had any legal problems. We have an almost 2 year old daughter and another baby on the way. We are planning on getting maried in the middle of next year. I want to adjust his status. I need to know exactly what I need to do in order for him to stay here in the U.S. with me and our kids. I was told that he was going to have to leave the country and someone else told me that he didn't. Isn't there a fine that he can pay without leaving the country?

TracyLuis Proficient

TracyLuis   0

Posted
Filed: Lift. Cond. (pnd) Country: Peru
 Timeline
Posted

Personal family experience: My sister-in-law entered the country legally, but "overstayed" a total of 5 years. She married an American Citizen, had to pay a fine for her overstay, and then successfully obtained her green card through AOS. She did not have to go back to her country prior to getting her green card.

Granted, she and her husband had the assistance of an immigration attorney. I strongly recommend that you take Yodrak's advice, and consult an attorney before making taking any chances with this process. It can be very complicated and confusing.

It would be terrible to separate your family unnecessarily.

Seek professional counsel.

Best wishes.

(L) Tracy

ONE DAY AT A TIME....

REMOVAL OF CONDITIONS

12/30/2008: Overnighted I-751 package to VSC

01/06/2009: Check cashed

01/06/2009: NOA (arrived 01/09/09)

01/23/2009: Biometrics appt letter received

01/31/2009: Biometrics scheduled

05/20/2009: APPROVED

06/23/2009: 10 Year Green Card arrived

myaelis Newbie

myaelis   0

Posted
Filed: Other Country: Honduras
 Timeline
  • Author
Posted

Well he entered without inspection. Meaning he snucked across the border. I don't understand why he has to leave. I have friends who have entered the same way and they did not have to leave and they have gotten their residence. and a lawyer I talked to said that he didn't that if he did then he will get the 10 year rule.

khool Contributor

khool   0

Posted
Filed: Timeline
Posted
Well he entered without inspection. Meaning he snucked across the border. I don't understand why he has to leave. I have friends who have entered the same way and they did not have to leave and they have gotten their residence. and a lawyer I talked to said that he didn't that if he did then he will get the 10 year rule.

You might want to get a second opinion from another attorney. The whole point is that an attorney that you hire (i.e., establishing an attorney-client relationship) is accountable for the legal advice he gives you. Accountability is key. In the event something undesirable happens, you can't come to any of us on this forum or your friends for redress.

9/4/06 - AOS package accepted at Chicago

9/11/06 - ND AOS package

9/14/06 - NOA AOS, AP and EAD

9/16/06 - Biometrics letter received

9/18/06 - All touched

9/19/06 - AP and EAD touched

9/20/06 - RFE notice by email (verify income and employment)

9/23/06 - Biometrics

9/25/06 - NOA I-130 (finally)

9/26/06 - Touched AOS and EAD

10/4/06 - Returned RFE materials by USPS Express mail

10/5/06 - RFE materials signed for by D Atwell

10/12/06 - E-Mail notification RFE material received 10/10/06

11/3/06 - Received interview notice (for 12/18/06)

12/18/06 - Approved with letter in hand (no stamp)

1/3/07 - GC in hand Remove conditions 9/18/08

noviademexicano Enthusiast

noviademexicano   0

Posted
Filed: AOS (pnd) Country: Mexico
 Timeline
Posted

Once you are married, you may start the application process here until he has the interview then he will have to leave since the interview will be in his country, than you will have to file a waiver and he will have to wait it out in his country. If waiver is approved he will be given visa. It is complicated but has been done, many times before. Check out the forum under I601 or go to immigrate2us.net (Thank you, Spouse) and you will find many people going through that process. Good luck!

K-1

09/14/05 sent in petition

12/20/05 case at CDJ

1/09/06 Had interview and placed on Administrative Processing/221(g) for 6 months.

07/06/06 Interview, Successful!!!

07/06/06 Fiance receives Visa and enters U.S.!

09/02/06 Wedding Day!

AOS

12/09/06 Mailed AOS package.

12/11/06 USCIS receives AOS package

12/14/06 NOA1

12/26/06 Rec'd Bio Letter

12/28/06 Rec'd email: Transferred to CSC!!!

12/31/06 *Touched*

01/02/07 Original Biometrics appt. (postponed)

01/05/07 Rec'd email: Case pending at CSC

01/08/07 Infopass for Biometrics *Touched*

01/09/07 Rec'd email Case transferred to CSC(again)

01/15/07 *Touched*

01/17/07 Received email case pending at CSC(again)

01/18/07 *Touched*

01/20/07 *Touched*

06/27/07 Letter welcoming new resident mailed!

07/02/07 Recv'd 2 yr conditional GC!

EAD

02/28/07 efiled

03/01/07 Rec'd at CSC, NOA1

03/01/07 mailed supporting documents to CSC

03/02/07 pending at CSC

03/05/07 Rec'd Bio Letter

03/13/07 *Touched*

03/16/07 Bio Appt. *Touched*

03/17/07 *Touched*

03/20/07 Rec'd approval email

03/23/07 EAD received!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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