Question about Bringing Husband

[moonhunt 1]

For quick reminder, USCIS can revoke LPR(Green card) and Citizenship whenever they found false statement during the paperwork/process.

They do random check even after the case is closed.

So for your student in question, it is better stay away from any suspicious activities.

If she stays in U.S., she may stay here with low profile, and after 5 years' residence condition met, she could file for Citizenship with good laywer's help.

If she stay outside U.S. for more than 6 months, her Green Card may be invalid when she try to enter into U.S.

For another question for I-864 Affidavit of Support binding contract issue, it is valid for 5 years. So after 5 years passed, permanent resident can claim whatever government benefit including social security benefit without causing any problem with sponsor.

[Boiler 43,393]

For another question for I-864 Affidavit of Support binding contract issue, it is valid for 5 years. So after 5 years passed, permanent resident can claim whatever government benefit including social security benefit without causing any problem with sponsor.

Wrong

[moonhunt 1]

Actually sponsorship is valid until immigrant becomes citizen, which will take 5 years, or accumulate 40 credits from Social Security, which means 10 year's working-.

[Boiler 43,393]

Citizenship will not take 5 years whichever way you go, could be more or less.

Also assumes that the sponsored party is working, not a given.

And there are 2 other 'get outs'.

[homesick_american 1]

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!

It shouldn't be. Talk to any victim of identity theft and see how clear your conscience feels after that.

[homesick_american 1]

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.

Whether she would have been denied depends on whether her father is a USC or an LPR. An LPR can't petition for married children to come to the US; US citizens can. If he was an LPR she should have withdrawn her petition, or kept an eye on the priority dates to see when she was likely to be called for an interview. That's her responsibility, noone else's. If her father was a USC he still could have petitioned for her but admitting she was married would have changed her preference category from second to third and would have tacked extra time onto her wait. It was her responsibility to inform the government of her marriage as everybody knew it would impact the visa.

She is up sh!t creek; not only can she not sponsor her husband, she shouldn't even be in the US herself since her visa was obtained by deception.

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.

She needs to get a good lawyer, i.e. an ethical one who isn't going to encourage her to dig herself deeper into the sh!t by lying even more than she already has. My suggestion to you is that you do not assist her in committing visa fraud at all. Don't even give advice other than to steer her towards the services of a competent and ethical legal professional.

[GabachaYucateca 0]

Boiler: I also thought that what moonhunt said was wrong, especially because I'm researching AOS for myself and have read the fine print on the I864 as to when the sponsor's responsibility ends because of my mother's concerns about being a co-sponsor.

Another student is currently lifting her conditions as a LPR and was told the same thing by two lawyers (one in PR and one in RI) that it is only binding for five years. Because of this advice, she never applied for benefits until after five years. So that random five year figure actually comes from the time it takes to become a citizen?

[Boiler 43,393]

Boiler: I also thought that what moonhunt said was wrong, especially because I'm researching AOS for myself and have read the fine print on the I864 as to when the sponsor's responsibility ends because of my mother's concerns about being a co-sponsor.

Another student is currently lifting her conditions as a LPR and was told the same thing by two lawyers (one in PR and one in RI) that it is only binding for five years. Because of this advice, she never applied for benefits until after five years. So that random five year figure actually comes from the time it takes to become a citizen?

Shorthand version:

Naturalisation

40 Quarters Social Security Contributions

Death (that could count as 2) either of the applicant or sponsor.

Leaves the country

Naturalisation can be applied for 90 days before either 3 or 5 years of becoming a GC Holder, where I am you are likely to become naturalised about 6 months after the 3 or 5 year point. In this threads case it would be 5 years. It took me 15 months to get my GC so I will be just short of 5 years, coincidentally. Assuming I apply.

Many people never naturalise because they do not want to or can not and no doubt quite a few never accumulate 40 Quarters, so the only certainty is Death.

[youngdaddy 0]

STOP IT!!!!!!!!!!!!!!!!