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rivedavi

Us Citizen married undocumented that entered as a minor

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55 minutes ago, rivedavi said:

He turned 18 in july in December he will be 18 1/2

does that mean they can file normally?

He still must leave the US first...no way around that since he has no status to adjust from.

Leaving the US  before the 18 1/2 mark means he will avoid the ban when he leaves. If he leaves after that point, he will have at least a 3 year ban that would need to be waived.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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Filed: Citizen (apr) Country: Hungary
Timeline

He cannot "file normally" because he entered illegally. They should look into filing I-601A. (First an I-130 by itself, then the I-601A, if that's approved, he can go back to his home country for medical & immigrant visa interview.)

But no, they can't just file for a GC based on marriage. It'd be denied and it might trigger deportation proceedings when it's denied.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Citizen (apr) Country: Hungary
Timeline
3 minutes ago, geowrian said:

He still must leave the US first...no way around that since he has no status to adjust from.

Leaving the US  before the 18 1/2 mark means he will avoid the ban when he leaves. If he leaves after that point, he will have at least a 3 year ban that would need to be waived.

Wouldn't he still need a waiver for the previous EWI? Or it does not count because he was a minor at the time?

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: K-1 Visa Country: Wales
Timeline
2 minutes ago, EM_Vandaveer said:

He cannot "file normally" because he entered illegally. They should look into filing I-601A. (First an I-130 by itself, then the I-601A, if that's approved, he can go back to his home country for medical & immigrant visa interview.)

But no, they can't just file for a GC based on marriage. It'd be denied and it might trigger deportation proceedings when it's denied.

He currently has no ban.

Just now, EM_Vandaveer said:

Wouldn't he still need a waiver for the previous EWI? Or it does not count because he was a minor at the time?

There is no ban for EWI

“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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Filed: Citizen (apr) Country: Hungary
Timeline
Just now, Boiler said:

He currently has no ban.

There is no ban for EWI

I didn't realize EWI by itself didn't cause a ban. He should definitely leave before turning 18 & half and just follow normal procedure for a spousal visa. It sucks to be apart for a year or so with a little baby but that's the most straightforward way of getting his status fixed.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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7 minutes ago, EM_Vandaveer said:

Wouldn't he still need a waiver for the previous EWI? Or it does not count because he was a minor at the time?

Somewhat surprisingly, there is no ban for an EWI in itself.

There is a very serious (9C) bar for 1 year stay then an EWI - permanent bar and not waivable for 10 years outside the US.

There is a bar for being deported.

Neither of the above seem to fit the OP's case at this time.

 

There is a ban for the overstay of 180+ days, starting from age 18. The OP's case is just short of this right now. This can either be avoided by leaving before the 180 days after turning 18, OR the OP can file the I-130 now and attempt the I-601A waiver route.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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Filed: Citizen (apr) Country: Colombia
Timeline

Tough choice. Stay, incur a ban, remain together and file with waiver. Or, leave, remain apart during normal processing.

 

Is the husband from Mexico? If so, can the wife relocate to a border town so that they can visit frequently?

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Filed: K-1 Visa Country: Wales
Timeline

They can presumably move with him.

“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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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
11 hours 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 

Your US citizen cousin can file an I-130 petition based on marriage. 

 

The next step, granted her husband is still in the United States, would be to file an I-601a waiver.  If her husband is outside the United States, she will need to file an I-601.   These waivers are not visas, they excuse "unlawful presence" and lift the 3 to 10 year entry bar.  In this waiver, the petitioner must prove above and beyond "extreme hardship" if her husband is not allowed to stay in the United States.  These waivers absolutely must be submitted with EVIDENCE of extreme hardship.  Medical conditions documented by doctors, psychological examinations, and child support are good examples.  She must prove to US immigration that ALSO her life in her husband's country will also be full of, well...for lack of a better term, extreme hardship.  

 

If approved, the case will then be sent to the NVC for more documentation.  Her husband will then need to leave back to his country of origin and consular process at a US Consulate for an interview with a consular officer to decide whether or not her husband is worth granting an entry visa.  

 

If i were in your cousin's shoes, I would start saving every last penny you can scrape up.  Without a lawyer, this process will probably cost roughly $5000.  Rough estimates, $500 for the I-130, another $700 for biometrics and the waiver.  AOSupport and Visa application fees...i think around $500.  And then add the cost of time and travel to and from the country of origin.  

 

I'm going to base this off the fact that he entered illegally and that he is 18 years old now.  Entering while a minor kind of muddies the water a bit.  I'm not sure if he is eligible for DACA or not.  Regardless, this case, and among many others that marry illegal entry peoples, is a very long and drawn out process.  Yes, this can be accomplished.  But it's going to be a long uphill battle that will probably take 2 years if she files the I130 today.  

 

Speak to a reputable immigration attorney.  If they are going to go down this road, they'd better be prepared to make this the most important issue in their lives for at least a couple of years.  That means working two jobs, saving money and not spending money on things like a new car and eating out at restaurants.  Gutcheck time.

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Filed: K-1 Visa Country: Wales
Timeline
6 minutes ago, Mansini77 said:

Your US citizen cousin can file an I-130 petition based on marriage. 

 

The next step, granted her husband is still in the United States, would be to file an I-601a waiver.  If her husband is outside the United States, she will need to file an I-601.   These waivers are not visas, they excuse "unlawful presence" and lift the 3 to 10 year entry bar.  In this waiver, the petitioner must prove above and beyond "extreme hardship" if her husband is not allowed to stay in the United States.  These waivers absolutely must be submitted with EVIDENCE of extreme hardship.  Medical conditions documented by doctors, psychological examinations, and child support are good examples.  She must prove to US immigration that ALSO her life in her husband's country will also be full of, well...for lack of a better term, extreme hardship.  

 

If approved, the case will then be sent to the NVC for more documentation.  Her husband will then need to leave back to his country of origin and consular process at a US Consulate for an interview with a consular officer to decide whether or not her husband is worth granting an entry visa.  

 

If i were in your cousin's shoes, I would start saving every last penny you can scrape up.  Without a lawyer, this process will probably cost roughly $5000.  Rough estimates, $500 for the I-130, another $700 for biometrics and the waiver.  AOSupport and Visa application fees...i think around $500.  And then add the cost of time and travel to and from the country of origin.  

 

I'm going to base this off the fact that he entered illegally and that he is 18 years old now.  Entering while a minor kind of muddies the water a bit.  I'm not sure if he is eligible for DACA or not.  Regardless, this case, and among many others that marry illegal entry peoples, is a very long and drawn out process.  Yes, this can be accomplished.  But it's going to be a long uphill battle that will probably take 2 years if she files the I130 today.  

 

Speak to a reputable immigration attorney.  If they are going to go down this road, they'd better be prepared to make this the most important issue in their lives for at least a couple of years.  That means working two jobs, saving money and not spending money on things like a new car and eating out at restaurants.  Gutcheck time.

If you had read the thread you would have noticed that he currently 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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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
5 minutes ago, Boiler said:

If you had read the thread you would have noticed that he currently does not have a ban.

So, if there is no ban, then he could just travel back to country of origin and consular process? It’s not clear to me how much time he has spent in the US. Alas, it’s late and multitasking through this forum while watching sports highlights don’t mix well.

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Yes they can file. She will need a co sponsor if she doesnt meet the guidelines requirements. 

Daca Journey 2013

*Daca&Ead Approval- 9/17/2013

*Ead card in hand-9/20/2013 

Daca/Ead Renewal Journey 2015

*Daca sent 5/7/2015

*NOA email/letter/text message- 5/14/2015

*Biometrics appointment- 6/12/2015

*Daca renewal approval notice- 7/22/2015

*Daca Renewal approval letter received- 7/31/2015

*Ead renewal card in hand - 8/14/2015?

Aos Journey 2016

* Married- 03/25/2016

* Aos package mailed- 5/26/2016?

* Package Delivered- 6/14/2016?

* Text message received with case #/ check cashed - 6/20/2016

* Aos notice of action letter received- 6/24/2016

*Biometrics appointment- 7/13/2016

*Case ready to be scheduled for an interview- 8/1/2016

*Ead/Ap approval notice Date-8/29/2016

*Ead/Ap combo card in hand- 09/3/2016

* Aos Interview - 4/12/2017 

* Aos Approved on the spot

* 2 year Green card in Hand 4/17/2017

Roc 2019

Roc Package Mailed  - 01/15/2019

Case received -  01/22/2019

Biometrics - 03/01/2019

case approved  10 year GC - 01/07/2020

card mailed - 01/08/2020

Online filling N400 Naturalization (NJ filer)

N400 submitted - 08/27/2020

NOA - 08/28/2020

Biometrics Reuse- 2/12/2021🤗

Interview Notice : 06/15/2021🤗🤗

Interview DATE : 07/21/2021 @ 2:30PM

Citizenship and Oat ceremony approved 07/21/2021

Passport Application Appoitment usps -07/28/2021

Check cashed - 08/2/2021

Passport received : 08/11/2021 * contacted My congresswoman 

 

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Filed: Citizen (apr) Country: Hungary
Timeline
6 hours ago, price411 said:

Yes they can file. She will need a co sponsor if she doesnt meet the guidelines requirements. 

They can file for a spousal visa without waiver IF AND ONLY IF he leaves the US before he turns 18 & half.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Citizen (apr) Country: Hungary
Timeline
6 hours ago, Mansini77 said:

So, if there is no ban, then he could just travel back to country of origin and consular process? It’s not clear to me how much time he has spent in the US. Alas, it’s late and multitasking through this forum while watching sports highlights don’t mix well.

It doesn't matter how much time, only that he leaves before he turns 18 & half, as one doesn't accrue unlawful stay as a minor.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
1 hour ago, EM_Vandaveer said:

It doesn't matter how much time, only that he leaves before he turns 18 & half, as one doesn't accrue unlawful stay as a minor.

Ahhh. I was unsure of how the rules to unlawful presence applied to minors. The husband coincidentally passes the 18.5 year mark sometime next month. He would have to start making travel plans immediately to avoid a 3 year bar and the task of the wife doing an i601a. 

 

So, let’s say for argument sake, his deadline to leave is December 15, the 18 1/2 year mark. He leaves the US on December 17 back to country of origin. Even by a small margin, 1 or 2 days, does he trigger the 3 year bar?

 

Their situation either way, with or without a waiver will require him to consular process and be away from wife and child for a year or two, I’m guessing. I’m sure the family, given that he is working and she is not, really really does not want him to leave the country for an extended period of time. Since she is so young and has no income, he’ll need a affidavit is support co-sponsor obviously. 

 

Even if he overstays and needs the i601a, at least he will be able to stay in the US while his application is progress. If the waiver is granted, NVC collects all requested documentation and schedules his CO interview in his country, then he could be away from his family between one and two weeks. Granted everything at the interview goes well and the CO doesn’t find him inadmissible on other grounds.

 

Thanks for clearing that up. I was unsure of the rules regarding minors. I just assumed since he is 18 now, he is no longer a minor and is now racking up unlawful presence. Learned something new today. 

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