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 so I need some advice on what to do and how to help my fiance. we have known each other for five years and have been together for 2 years of that five. He is undocumented he has been here since 2000 and he has  an 11 year old daughter. He has never gone to get any kind of documents, and he has not had any kind of criminal activity in the United States since he's been here. The only thing he has had is tickets for driving with no license but he has paid those fines.  A lot of the deportation that's going on around my town has put a hold on us going through with going to the courthouse to get our marriage license. He is afraid but they may get him if we do so. So question # 1....Is that possible for them to get him at the courthouse for us getting marriage license? #2... what do you recommend for me to do in order to help my fiance become u.s. citizen? And #3...  after we do get married what are the necessary assets that we need to follow through with to have to prove our marriage is real?

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Filed: AOS (apr) Country: Philippines
Timeline
Just now, A&Vparamo said:

 so I need some advice on what to do and how to help my fiance. we have known each other for five years and have been together for 2 years of that five. He is undocumented he has been here since 2000 and he has  an 11 year old daughter. He has never gone to get any kind of documents, and he has not had any kind of criminal activity in the United States since he's been here. The only thing he has had is tickets for driving with no license but he has paid those fines.  A lot of the deportation that's going on around my town has put a hold on us going through with going to the courthouse to get our marriage license. He is afraid but they may get him if we do so. So question # 1....Is that possible for them to get him at the courthouse for us getting marriage license? #2... what do you recommend for me to do in order to help my fiance become u.s. citizen? And #3...  after we do get married what are the necessary assets that we need to follow through with to have to prove our marriage is real?

The fact that he is undocumented is a huge problem.  Not much you can do to fix it

YMMV

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8 minutes ago, payxibka said:

The fact that he is undocumented is a huge problem.  Not much you can do to fix it

Yes i know that is a huge problem. But i just want to know if there is hope out there that i can help him. I dont want to see him get taken away from his daughter or me and my 3 children. Two of my children have already lost their father, not because he got deported, he just didnt want to be here in US anymore and now he can not re-enter the US. And to bare seeing a child lost a parent isnt good. Thank you for your reply back.

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Filed: Citizen (apr) Country: Taiwan
Timeline

If he has never been inspected upon entry to the US, I don't think he has any basis for remaining and adjusting status. I would at least consult an attorney to get an idea of what his options are, although I think they are very limited.

 

EDIT:  Yes, they can arrest him at ANY time.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Taiwan
Timeline

This is not meant to sound insensitive or harsh, but have you considered moving to his country?  If he is deported, or if he leaves the US, he will face a lengthy ban.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Ukraine
Timeline
1 hour ago, A&Vparamo said:

 so I need some advice on what to do and how to help my fiance. we have known each other for five years and have been together for 2 years of that five. He is undocumented he has been here since 2000 and he has  an 11 year old daughter. He has never gone to get any kind of documents, and he has not had any kind of criminal activity in the United States since he's been here. The only thing he has had is tickets for driving with no license but he has paid those fines.  A lot of the deportation that's going on around my town has put a hold on us going through with going to the courthouse to get our marriage license. He is afraid but they may get him if we do so. So question # 1....Is that possible for them to get him at the courthouse for us getting marriage license? #2... what do you recommend for me to do in order to help my fiance become u.s. citizen? And #3...  after we do get married what are the necessary assets that we need to follow through with to have to prove our marriage is real?

if he entered the US legally and overstayed there is a chance under the 245-i clause under the law. I also entered the US in 2000 and later adjusted under that specific law. PM if you need asistance on a referral. The attorney i used is pretty competent on that issue

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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Filed: AOS (apr) Country: Philippines
Timeline
1 hour ago, Alabamak1 said:

if he entered the US legally and overstayed there is a chance under the 245-i clause under the law. I also entered the US in 2000 and later adjusted under that specific law. PM if you need asistance on a referral. The attorney i used is pretty competent on that issue

He is undocumented.  He cannot without leaving first

YMMV

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Filed: K-1 Visa Country: Ukraine
Timeline
1 minute ago, payxibka said:

He is undocumented.  He cannot without leaving first

no where in that statement it says he enter without inspection. Thank you!!!

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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Filed: AOS (apr) Country: Philippines
Timeline
Just now, Alabamak1 said:

no where in that statement it says he enter without inspection. Thank you!!!

Obviously you don’t know that undocumented means exactly that.  

YMMV

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Filed: K-1 Visa Country: Ukraine
Timeline
Just now, payxibka said:

Obviously you don’t know that undocumented means exactly that.  

not having proper documentation to live here and not having been inspected to enter here.....different things

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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Filed: K-1 Visa Country: Ukraine
Timeline

https://www.nolo.com/legal-encyclopedia/who-is-undocumented-immigrant.html

 

Do all undocumented immigrants sneak across the U.S. border?

Some, but not all. Although accurate numbers are hard to come by, it’s clear that a significant number of undocumented immigrants originally came to the U.S. legally, whether as tourists or on some other nonimmigrant (temporary) visa, and then failed to leave.

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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Filed: AOS (apr) Country: Canada
Timeline

undocumented or not, he can not get a marriage license without a current valid form of ID. Drivers License, State ID Card, or passport. HE has to have one of those plus whatever other documentation your State required (they are all different)

 

He could be arrested and deported for jaywalking at this point.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Filed: K-1 Visa Country: Russia
Timeline

Just asking "and he has not had any kind of criminal activity in the United States since he's been here". Isn't that criminal activity?

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Filed: F-2A Visa Country: Bahamas
Timeline

If a birth certificate counts as a valid id AND he has it in his possession or can have it mailed to him.. Get the license(literally takes less than 5 minutes- so you are in and out) have your own ceremony and aos.  You’ll probably still want to consult a “ competent” lawyer to wade through any issues that may come up. I quote lawyer part because it seems like alot of persons have issues with immigration lawyers sadly and just end up wishing they did everything themselves. 🤷🏽‍♀️

 

 

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