I-130 (potential) complications...

[Richard Rok 0]

My girlfriend and her daughter entered the US from Mexico on a tourist visa in 2004. They overstayed by 15 years. In 2012 my girlfriend's husband's sister filed an I-130 petition for him (and presumably or by extension for my girlfriend and her daughter). But then two years ago my girlfriend and her husband divorced. Their daughter is now 19. My suspicion is the daughter will age out and won't be able to take advantage of the I-130. My assumption is my girlfriend will realize no benefit from it since she is divorced from her husband. So I imagine that brings her back to square one with a need to file some other petition (or for me to file one for her). Does that seem to ring true to you? 

 

I have only now begun to research this and wonder whether you might have any advice for me/her/us? For instance, should I go see a lawyer now regarding these I-130 issues? Or are they so clear (and clearly not in my girlfriend's favor) that I would be wasting money by paying a lawyer for his/her advice?

 

Thanks!

[Just Paul 4,591]

Well . . . . . .  I think I am getting this.

 

First, you aren't married to your girlfriend so there isn't anything you can file.   She isn't married to a LPR or USC, so there is nothing there.

 

They are overstaying.  The daughter never filed for DACA.     The only option with these facts is for them to return to Mexico.    They will have a lifetime ban from the US.  You can talk to a lawyer about waivers for the mother if you marry her.   I think the daughter will age out for a K1/K2.

Edited April 23, 2019 by Paul & Mary

[Going through 5,668]

Is marriage in the cards?

[Cyberfx1024 7,978]

54 minutes ago, Richard Rok said:

My girlfriend and her daughter entered the US from Mexico on a tourist visa in 2004. They overstayed by 15 years. In 2012 my girlfriend's husband's sister filed an I-130 petition for him (and presumably or by extension for my girlfriend and her daughter). But then two years ago my girlfriend and her husband divorced. Their daughter is now 19. My suspicion is the daughter will age out and won't be able to take advantage of the I-130. My assumption is my girlfriend will realize no benefit from it since she is divorced from her husband. So I imagine that brings her back to square one with a need to file some other petition (or for me to file one for her). Does that seem to ring true to you? 

 

I have only now begun to research this and wonder whether you might have any advice for me/her/us? For instance, should I go see a lawyer now regarding these I-130 issues? Or are they so clear (and clearly not in my girlfriend's favor) that I would be wasting money by paying a lawyer for his/her advice?

 

Thanks!

The only option here is for you two to get married and file for AOS.

[Going through 5,668]

48 minutes ago, Paul & Mary said:

They will have a lifetime ban from the US. 

Would be the 10-year ban.  Permanent ban is for more serious complications like misrepresentation, attempt of EWI after removal, etc.

Edited April 23, 2019 by Going through

[Just Paul 4,591]

Just now, Going through said:

Believe it would be the 10-year ban.  Lifetime is usually for more serious complications like misrepresentation, multiple EWI, etc.

Correct 10 year.    I need to eat some dinner  

 

OP you are going to want a good attorney to help with the waiver.

[belinda63 2,981]

If they get married the daughter will be excluded except as a child of an LPR after the mother receives her green card.

If they don't marry she can leave and he can file for a K-1 which will cover the child but the process will be longer as there is the need for a waiver. 

[SusieQQQ 11,584]

2 hours ago, belinda63 said:

If they get married the daughter will be excluded except as a child of an LPR after the mother receives her green card.

If they don't marry she can leave and he can file for a K-1 which will cover the child but the process will be longer as there is the need for a waiver. 

Won't the daughter also need a waiver regardless of who files for her -whether eventual LPR mother or K2?

Edited April 24, 2019 by SusieQQQ

[Juniper 62]

5 hours ago, Cyberfx1024 said:

The only option here is for you two to get married and file for AOS.

I think this is the only option you have for the girlfriend.  I know the daughter is a bit more complicated.

 

But I would like to ask this question for OP's benefit.  With today's strict immigration enforcement policies,  what kind of probability does the newly married wife have in getting a successful AOS and green card if she has overstayed by 15 years?  I can just imagine USCIS digging into, for example, the wife's use of government benefits as excuse for AOS denial.

 

I ask this because the only option here is AOS and that does require marriage, and I think the AOS with 15 year overstay has a less than 50% chance of success in general with today's immigration enforcement policies.  It would really be a bad situation to get married to the girlfriend and the girlfriend/wife ends up getting deported.

Edited April 24, 2019 by Juniper

[Going through 5,668]

3 hours ago, Juniper said:

With today's strict immigration enforcement policies,  what kind of probability does the newly married wife have in getting a successful AOS and green card if she has overstayed by 15 years?  I can just imagine USCIS digging into, for example, the wife's use of government benefits as excuse for AOS denial.

A very good probability, if her only inadmissibility is the overstay.  Overstay is forgiven for spouses of USCs...there is no cap or time limit.

 

 

 

Edited April 24, 2019 by Going through

[SusieQQQ 11,584]

4 hours ago, Going through said:

A very good probability, if her only inadmissibility is the overstay.  Overstay is forgiven for spouses of USCs...there is no cap or time limit.

 

 

 

Unless they go the public charge route for denial, which seems to be happening a lot lately, although the reports of this are more at embassies in Mexico than AOS.

 

Daughter will not be anyone’s IR though and still subject to ban....? Given daughter is already 19 I assume it will be a 10 year ban. Unless she does what mom has, hang around until she finds a usc husband,

Edited April 24, 2019 by SusieQQQ

[Richard Rok 0]

Thank you all for your replies!

 

Now I'm embarrassed to say I left out one bit of information: My girlfriend's daughter currently has DACA protection and is studying in a university here in the U.S. 

 

From my limited research on Visa Journey it seems DACA will not in any way help my girlfriend but may help her daughter to finish college and perhaps even work in the U.S. afterward. Does that sound correct?

 

Thanks again everyone!

[Just Paul 4,591]

1 hour ago, Richard Rok said:

DACA will not in any way help my girlfriend

Correct.  But that is just a Temporary status.

[kcoyclay1 98]

On 4/24/2019 at 1:14 AM, Juniper said:

I think this is the only option you have for the girlfriend.  I know the daughter is a bit more complicated.

 

But I would like to ask this question for OP's benefit.  With today's strict immigration enforcement policies,  what kind of probability does the newly married wife have in getting a successful AOS and green card if she has overstayed by 15 years?  I can just imagine USCIS digging into, for example, the wife's use of government benefits as excuse for AOS denial.

 

I ask this because the only option here is AOS and that does require marriage, and I think the AOS with 15 year overstay has a less than 50% chance of success in general with today's immigration enforcement policies.  It would really be a bad situation to get married to the girlfriend and the girlfriend/wife ends up getting deported.

Marriage to a citizen carries benefits and pardons to a current spouse and minor who entered legally and overstayed - not so for marriage to a permanent resident.