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rivedavi

Us Citizen married undocumented that entered as a minor

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Hi,

 

My cousin us citizen 18 years old married a minor that was undocumented. He entered illegally and was caught by immigration and released to his father. He is now 18. 

 

They want to get him a green card based on their marriage.

 

They have 6 month old daughter.

 

Can she file i-30 for him, and will he be able to stay, should they file a 601 waiver.

 

He is the only one working as she does not work. They asked me for my advise. as they cannot afford to pay for an attorney. 

 

Thank you 

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If he is under 18 1/2 he would have no ban, no waiver, needed  if he leaves.

 

Does she have a joint sponsor?

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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She will have to find a job or a co sponsor. probably both. he is undocumented and can not legally work. that can bring many issues if he is caught.

 

what age was he. different states have different laws for underage marriages. most require parental permission. if they had none the marriage is probably void since he was not 18 he can not legally do anything....legal.

 

if he has a ban, they will need a waiver and it depends on the ban duration.

 

having a child together has no bearing on his immigration status.

 

They need an attorney.

 

 


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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10 minutes ago, rivedavi said:

Hi,

 

My cousin us citizen 18 years old married a minor that was undocumented. He entered illegally and was caught by immigration and released to his father. He is now 18. 

 

They want to get him a green card based on their marriage.

 

They have 6 month old daughter.

 

Can she file i-30 for him, and will he be able to stay, should they file a 601 waiver.

 

He is the only one working as she does not work. They asked me for my advise. as they cannot afford to pay for an attorney. 

 

Thank you 

Maybe with the waiver, but i think it all depends on how many re- entries  he has. 

 

I was almost on a same situation, i came legally with visa and over stayed when i was minor. My process was easy en i do it my self with my wife didn’t need of a waiver and in six months got my  gc.!

 

 

 

Every case is different and to tell u the truth it is a big probability that he needs the waivers but my understanding its that the waiver only helps you for 1 re-entry..! I do suggest to check with some lawyers 3 at least, to get different opinions some of them Don’t  charge 1st appointments

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3 minutes ago, debbiedoo said:

She will have to find a job or a co sponsor. probably both. he is undocumented and can not legally work. that can bring many issues if he is caught.

 

what age was he. different states have different laws for underage marriages. most require parental permission. if they had none the marriage is probably void since he was not 18 he can not legally do anything....legal.

 

if he has a ban, they will need a waiver and it depends on the ban duration.

 

having a child together has no bearing on his immigration status.

 

They need an attorney.

 

 

I was working and don’t bring problems at all.! I even told inmigration about it.! 

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12 minutes ago, Xfiles said:

I was working and don’t bring problems at all.! I even told inmigration about it.! 

The issue isn't his unauthorized work. The issue is needing a qualified financial sponsor. Unauthorized work cannot qualify for sponsorship.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, geowrian said:

The issue isn't his unauthorized work. The issue is needing a qualified financial sponsor. Unauthorized work cannot qualify for sponsorship.

 

1 minute ago, geowrian said:

The issue isn't his unauthorized work. The issue is needing a qualified financial sponsor. Unauthorized work cannot qualify for sponsorship.

On that it is truth u can’t sponsor yourself.!!! It has to be a citizen

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5 minutes ago, Xfiles said:

On that it is truth u can’t sponsor yourself.!!! It has to be a citizen

Any USC or LPR (green card holder) domiciled in the US.

Some beneficiaries can have their income included with the petitioner, but there are restrictions on this that the OP won't meet.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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27 minutes ago, Boiler said:

If he is under 18 1/2 he would have no ban, no waiver, needed  if he leaves.

 

Does she have a joint sponsor?

 

 

his father could help.

 

Does he have to leave for him not to submit the waiver? since their baby is really little.

 

They would try to avoid sending him back

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2 minutes ago, rivedavi said:

Does he have to leave for him not to submit the waiver?

Yes. He cannot adjust status within the US as he has no status to adjust from.

An exception would be if he has (or had) a valid Advance Parole and used it to leave the US and re-enter.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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32 minutes ago, debbiedoo said:

She will have to find a job or a co sponsor. probably both. he is undocumented and can not legally work. that can bring many issues if he is caught.

 

what age was he. different states have different laws for underage marriages. most require parental permission. if they had none the marriage is probably void since he was not 18 he can not legally do anything....legal.

 

if he has a ban, they will need a waiver and it depends on the ban duration.

 

having a child together has no bearing on his immigration status.

 

They need an attorney.

 

 

His father lives here he has TPS status and a right work. he gave them permission to marry. I am not sure he has ban.  

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1 hour ago, rivedavi said:

His father lives here he has TPS status and a right work. he gave them permission to marry. I am not sure he has ban.  

So he is not eligible to be a joint sponsor.

 

Exactly how old is he?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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How old is he? If he is under 18 1/2 he does not have a ban.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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