Spouse petition

[Rocio0010 5,575]

18 minutes ago, discoverusa said:

You are correct. I missed that. 

Doesn't mean it's a lost cause. It will definitely be heavily scrutinized. 

 No one said it’s a lost cause. I have no idea where you got that from, but I’m taking it’s from me since you extracted what I said out of context. 
 

It is in fact strange and a red flag that someone that went through the whole process of getting an F1 suddenly realizes they can’t afford school. The most logical, law- abiding thing to do in order to avoid scrutiny is to go back and apply for a spousal visa or even a K1 before they got married. Officer will probably question why that wasn’t the decision.

That, added to the fact that spouse is from same background, will cause more scrutiny. You’re focusing on only the F1 student visa when in reality for each immigrant case it should be looked at as a whole with a lot of moving parts. My 0.02 cents

[da95826 387]

22 hours ago, Firuza2h33 said:

Hello Everyone. My husband is a United States citizen. We have a 2 years old baby and i have a overstayed visa. I came as F1 student visa to US but i never went to school i wasnt able to. My husband wants to petition me to get my green card but how can we do it without spending so much on layers and instead do it ourselves? Do i really need to get a lawyer?

You should 100% get a competent immigration lawyer to help you with your case.  

1) Having not attended school on an F1 visa you are likely to have made a misrepresentation of having funds to attend school when in fact you did not, when that happens you will need a waiver or waivers to get a green card application approved. No way should you attempt to file i130/i485 application without a lawyer. 

2) Being in the USA for 15 years without legal status you may have done things that make you deportable without a waiver to overcome it, like a false claim to US citizenship (to get a job) or certain crimes. Review your work and criminal history to see if you can even apply for an immigration benefit successfully without alerting ICE of your presence in the USA for deportation. You need a lawyer with your complete history to offer you an informed opinion on the chances of approval. 

3) You spouse may need legal review if your child is with him, did he list the child as his child or stepchild on the n400? When did you two first meet, did he get his green card through marriage, if he was married before, did you know each other while he was married to his other spouse going through a green card or naturalization (3-year) process? If any of these facts are true, you should consult with a good immigration lawyer before filing,

 

Your case is complex and is not a DIY case, you could find yourself in legal jeopardy if you file without the help of a lawyer. 

Edited February 13, 2023 by da95826

[Firuza2h33 3]

@da95826

thank you for your advice

i met my husband after 8 years. We’ve been married 5 years already

We Are not from the same country. He is from Dominican Republic , I am from Tajikistan. He was never married before. His father brought him to US at the age of 5 since then he had his green card but never really applied to become a citizen. He got his citizenship last months. My son has both of our last names 

thank you again

[Crazy Cat 39,809]

4 minutes ago, Firuza2h33 said:

@da95826

thank you for your advice

i met my husband after 8 years. We’ve been married 5 years already

We Are not from the same country. He is from Dominican Republic , I am from Tajikistan. He was never married before. His father brought him to US at the age of 5 since then he had his green card but never really applied to become a citizen. He got his citizenship last months. My son has both of our last names 

thank you again

All that is irrelevant to your case.  Get an attorney. You have a possible material misrepresentation issue.  That should be your concern!

Edited February 13, 2023 by Crazy Cat

[da95826 387]

18 minutes ago, Firuza2h33 said:

We Are not from the same country. He is from Dominican Republic , I am from Tajikistan. He was never married before. His father brought him to US at the age of 5 since then he had his green card but never really applied to become a citizen.

Congratulations on his naturalization.

 

I wish you all the best of luck, but you will need an attorney to help you through your case for sure. From what I see I believe you have a winnable case, but you are likely to need waivers for misrepresentation and it will take years to process it through USCIS. An immigration attorney can give you an accurate option on your chances of success and how long it may take. 

Edited February 13, 2023 by da95826

[Firuza2h33 3]

@da95826

thank you so much again. I already contacted one and scheduled appointment. 🙏