Question about Bringing Husband

[GabachaYucateca 0]

First question, does anyone know of any forums just like this one, but purely in Spanish?

Second, my student is from the DR and her husband lives there now. She has had her permanent residence for several years now (her father filed for her) but has only been living in the States continuously for just under 2 years. Her father had petitioned for her when she was single, but she didn't have the interview until just after she had gotten married. Someone told her to say that she was single since she would be denied if she said otherwise, and she didn't say that she had subsequently gotten married. So as far as USCIS is concerned, she's single, but in the DR, she's married. An immigration lawyer basically told her she was up sh&t's creek without a paddle because of this as far has petitioning him.

Any suggestions? What I told her and what her lawyer told her is not kosher, but may be a way around it. I'm not going to get into that here.

Also, I've learned tons about family based petitions as I'm filing a K1 for my fiance right now, and am currently going through getting a sponsor. That's not a problem, as it's my mommy and she wouldn't say no to me. But everything I understand about being a sponsor is that they take financial responsibility for the beneficiary so that they don't become a financial burden on the US government as permanent residents. I understand this 100% and am thankful that I have a very willing co-sponsor. But I wonder how so many permanent residents I know receive government assistance in the form of welfare. How can that be if to enter the country, one needs a sponsor? I've wondered about this for quite some time and would appreciate any insight!

[Boiler 43,430]

I have come across Russian sites on immigrating to US, probably not enough Spanish people to make it worth while.

So she committed fraud when applying for her GC, all she can do is hope they do not find out otherwise she will be deported. Lifetime ban I think.

I find it slightly amusing that you are asking for fraudulent suggestions from other people but you are not prepared to divulge yours or the Lawyers. I can make a reasonable guess.

As a PR she has a 6 or 7 year wait anyway, logical answer is to re-join her husband.

[GabachaYucateca 0]

Thank you for your nasty response, oh paragon of virtue.

Where exactly did I say that I was seeking fraudulent suggestions from other people? I simply requested suggestions. Yes, my suggestion is fraudulent, and I refrained from stating it because of that and I think this would be an inappropriate place to post it. That's between my student and me.

And thanks for the info about the wait-time, by the way. That WAS helpful.

[Boiler 43,430]

Being slightly amused is being nasty?

Lets see, you said yourself:

An immigration lawyer basically told her she was up sh&t's creek without a paddle because of this as far has petitioning him

and then you asked for

Any suggestions?

Well you know there are no legal ones, and you presumably also know this is a site for people going through the system legally.

And you have admitted making some illegal suggestions, and are seeking some more....

Hope you are not teaching Civics.

[GabachaYucateca 0]

Actually, I didn't know that there were no legal avenues. I thought that there might be, and I wasn't aware of it. I also know that lawyers don't know everything about family based petitions, so I thought perhaps someone had had an experience such as this.

Why are you so stuck on my seeking illegal suggestions??? Mine certainly was, but the reason I'm posting here, again, is because ostensibly people have had various experiences with permanent residents petitioning family members. I thought that perhaps something could be done within the confines of the law to remedy the situation. After, all the I-601 waiver exists for people that are ineligible for whatever reason, often because of illegal presence or visa overstay.

Actually, I also just spent the morning at work helping an undocumented couple with fake SS#s file their taxes!!!!

And my conscience is perfectly clear!

[Boiler 43,430]

Identity theft is not so funny, a family member suffered it, so perhaps I have a different view. You can file your taxes using an ITIN, IRS do not care about your status. Just the money.

You I take it have not been through the process so just some facts that I am sure your student knows:

http://travel.state.gov/visa/frvi/bulletin...letin_3143.html

You did not mention her fathers status, depending she would either not have been eligible at all to Immigrate or she would have had a longer wait.

Mistakes can be made in filling a form out, but forgetting that you are married is hardly a mistake, you said that she did this knowingly.

You have to re-affirm the truth of your answers at the Consulate interview.

I do not think there is a waiver available for immigration fraud, the Lawyer would no doubt have advised if there was one, waivers are not available for everything.

So she is a Permanent Resident for as long as US Gov do not find out. So she has no basis for applying for the spouse.

If she does file for a spouse, she will have to lie on the application forms, as would he of course and he would also have to lie at any interview. Provide false documentation etc etc.

If she wants to apply for Citizenship she also has a bunch more fraud to do as well.

You can see for yourself on the link that I gave you what the categories are and current processing time.

Do you really want to be involved in this?, sort of guessing that her Father knew about it when he sponsored her, so he could be in big trouble as well one day.

[GabachaYucateca 0]

I appreciate the comprehensive reply, Boiler. And after I thought about it on the way to work today, basically any solution, sketchy or otherwise will surely result in a denial. Any course of action she may take will necessitate the telling of more untruths. I just think about the scrutiny that my fiance may face during his interview, and we've got nothing to hide....long-term, legitimate relationship, he's never been to the States, etc. Someone with an unclear history will and should face even more scrutiny, and to get a visa will require quite a bit of duplicity, something that in the time I've known this woman, I've seen that she'd be incapable of doing.

Wait!! Don't say, but she committed visa fraud, so why wouldn't she lie any more? I think this whole thing happened because of the long waiting period permanent residents have...since her father is one, he had submitted the petition years before she was even thinking of marrying, and in the interim, she married. From what I recall, it was only a matter of months (maybe even less) between her marriage and their notifying her of the interview. Someone told her to say that she needed to say she was single to get the visa, and she did because the petition had been begun so long ago. A very bad call, and she's kicking herself now.

At any rate, I appreciate your reply...but I do wonder....and this is not for me to make more fraudulent suggestions, but to understand the process better....if she had received her residency, and THEN married either in the DR or here (he has a ten year tourist visa about to expire), would this still be an issue? Single at the time of the granting, but subsequently married. I also assume that you say she'll have to commit more fraud if she wants to seek citizenship because of the fact that her GC says she's single and then she'd have more papers to complete asking her marital status. Is this because of the timing of her marriage and the lie at the interview, or would this be the case regardless?

Sigh....I'm glad this isn't me.

[meauxna 15]

Gabacha,

To answer your latest Q, had she married after becoming a PR, no problemo. Other than the 4-6 year priority date wait for sponsoring her spouse, she would not have a problem other than that plus the year+ wait in the DR for a visa interview.

Her problem now is being married when she was admitted/adjusted as unmarried. Same as if a K-1er married outside the US and presented for entry claiming to be an unmarried person, which they must be to use that visa. K-1ers have been sent home unadmitted for this reason (or worse, the agent suspecting that they are married already). She may have been told that her husband would get a GC through her when she got hers--for some visa types that is true, but not her category. She was to be an unmarried child and nothing else.

You should have a read of this thread--same song, nearly the same tune: http://britishexpats.com/forum/showthread.php?t=430198

Your student is in jeopardy herself as she was improperly admitted/granted PR status.

The BEST help you can get her is to help her get some cometant legal counsel and make sure she understands what her options are. If one of those options includes staying (illegally) in the US, I personally don't care, but she should be clear on what her life will be like and that she will not have the option of bringing her husband here. It may be that staying under the radar the rest of her life is her only way to stay in the US, but that means limited visits out as well.

I'm afraid that she is a long way from getting legal herself, let alone letting the husband in.

[Boiler 43,430]

Wow, good catch.

Fast forward to my citizenship application. It was denied on the basis

that my permanent resident status was obtained fraudulently. However I

was given the chance to appeal and try to prove good moral character

to overcome this accusation.

That sounds odd, but if its true there is some hope.

But then not an accusation, just a statement of fact.

All I could think of is somehow getting the marriage annulled, but I doubt that overcomes the fact that the basis at the time was incorrect. I am going to guess that the OP was thinking on the same lines, get it annulled and re-marry.

[GabachaYucateca 0]

I was thinking along those lines, Boiler, but anyway you look at it, it just involves more convolutions of the truth.

And thanks for the further info, meaxuna!

[tijuanahilton 0]

goodness!

[GabachaYucateca 0]

Goodness what, TH?

Are you thinking, "Oh the tangled webs we weave?"

[tijuanahilton 0]

actually, I was thinking, goodness, people are certainly unfriendly in a place where on e would think we're all here to help each other out.

add me onto your messeger! supernaca@yahoo.com (hotmail OR yahoo)

[meauxna 15]

actually, I was thinking, goodness, people are certainly unfriendly in a place where on e would think we're all here to help each other out.

?

[youngdaddy 0]

ok....haha