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dady12

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By dady12 in General Immigration-Related Discussion

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aaron2020
aaron2020

No.  Overstays is not forgiven for the spouse of an. LPR.  

Unlockable
Unlockable

No you can't do anything for her. As stated they have a rule that if you got a GC from marrying a US citizen, you can't apply for a visa for a foreign spouse for 5 years.    Not only that, o

little immigrant
little immigrant

Hi this is my experience and by no means advice. I was an LPR and I married my husband who overstayed. I waited until I became a citizen under the 5 years rule. The same day I took the oath, we applie

little immigrant Proficient

little immigrant   800

Posted
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54 minutes ago, aaron2020 said:

Why bother filing the I-130 now when it gets them nothing but put on ICE's radar.

Wait until you are a US citizen to file the I-130.  

That was my fear (after someone on vj pointed this out to me) and that's why I waited until I was a USC. Luckily in my case everything worked out.

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TBoneTX Grand Master

TBoneTX   43,184

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)
3 hours ago, HRQX said:

Odds of adverse action by ICE is still low. Many spouses of LPR go through provisional waiver path without issues.

True, but in this immigration process, especially if the authorities have something to jump on, it's far better to be safe than sorry.  I wouldn't take this chance.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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HRQX Veteran

HRQX   4,145

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13 minutes ago, TBoneTX said:

especially if the authorities have something to jump on, it's far better to be safe than sorry.

For both paths, the "authorities" would at some point know that OP has an out-of-status spouse while simultaneously knowing that OP is yet to naturalize. E.g. when filing N-400, OP would list the spouse and mention the lack of status.

"Current Spouse's Immigration Status" "Other (Explain):"

Edited by HRQX
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dady12 Collaborator

dady12   12

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Filed: Timeline
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1 minute ago, HRQX said:

For both paths, the "authorities" would at some point know that OP has an out-of-status spouse while simultaneously knowing that OP is yet to naturalize. E.g. when filing N-400, OP would list the spouse and mention the lack of status.

I will save this page  because  i am going to follow all this instructions even if i hire a lawyer.thanks all

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TBoneTX Grand Master

TBoneTX   43,184

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Well, if you find a good lawyer, discuss it all with him/her.

Let us know if you have enough advice to proceed, and we can close this discussion for you.  It is completely your choice.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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dady12 Collaborator

dady12   12

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1 minute ago, TBoneTX said:

Well, if you find a good lawyer, discuss it all with him/her.

Let us know if you have enough advice to proceed, and we can close this discussion for you.  It is completely your choice.

Yes we are getting a good immigration lawyer who know about waiver soon and after the discussion i will revert back .thanks for your kind advice and your deligent research.i appreciate the effort of everyone who contributed to this thread 

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Boiler Grand Master

Boiler   43,568

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Filed: K-1 Visa Country: Wales
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Posted (edited)

Deportation is unusual in normal times, you usually have to do something to come to their attention, and I thought Biden had put a block on deportations anyway, well for the time being.

Edited by Boiler

“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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HRQX Veteran

HRQX   4,145

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40 minutes ago, Boiler said:

I thought Biden had put a block on deportations anyway, well for the time being.

"Federal judge extends order blocking Biden administration's 100-day deportation pause" https://www.statesman.com/story/news/2021/01/29/president-joe-biden-federal-judge-extends-order-blocking-deportation-pause/4312398001/

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dady12 Collaborator

dady12   12

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11 minutes ago, HRQX said:

"Federal judge extends order blocking Biden administration's 100-day deportation pause" https://www.statesman.com/story/news/2021/01/29/president-joe-biden-federal-judge-extends-order-blocking-deportation-pause/4312398001/

Thanks for sharing and i am following all

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