Need Advice

[Rings 10]

I have a friend who has been married for 4 years. Her husband came in on a visitors visa and they got married before that visa was expired. However he is still here and they don't quite know the steps to making it legal. Although I have enough experience in the actual Adjustment of Status that I can lead them to the correct paperwork, my fear stems on their actual situation as a whole because it is vastly different than mine.

Will they have to file the 601 waiver?

She has two children and I think one of the kids may not be his, but both children are American Citizens. Is what they have done considered fraud?

[JelloShotGirl 0]

have them contact uscis and have them go to website

[Rings 10]

Yes I have tried that. i think there is a certain element of fear there though for them. I want to see the facts and opinions of members about it before rushing them into something that they may need a lawyer for.

[bszoom42 0]

To give you better answers, I need more information.

1. When the husband came on a visitor's visa, when was he supposed to leave the country (should be on his I-94).

2. Have they done any immigration paperwork at all?

If the husband has overstayed the length of his I-94, and he has not received an approved extension for up to this time, he is now here illegally.

Depending on how long he has been in illegal status, that will dicate what waivers will be necessary to proceed.

it would be a good idea to have your friends husband consult a few immigration attoneys to determine what options they can provide him.

if it is a simple case, they may wish to do the paperwork themselves, but they should consult some attorneys to determine if they want to use one or not.

be careful if the husband is illegal and leaves the country without filing the appropriate papers and getting the appropriate evidence from immigration, or else he can be prevented from re-entering the united states.

[Rings 10]

He has been here since July 2003 and so he is in illegal status. no immigration paperwork has been done. I think it is a fairly simple case, but I will check with them on a couple of things that I already have in my mind. My biggest concern is if they are in danger of a fraud case which would lead me to stear them in the direction of an attorney. If it is something that can be done with realitive ease, then I want to see how I can help aid them in the process if possible.

[bszoom42 0]

You can find some good information here.

http://www.murthy.com/overstay.html

Overstaying a I-94 itself is not fraud, unless you intended to do so before entering the country.

Examples of visa fraud include (and are not limited to) from http://burma.usembassy.gov/visa_fraud.html

1. Not answering questions truthfully or completely on the application forms, or during the interview.

2. Submitting a document, like a birth certificate, with false information. How and where you got the document does not matter if the information is false.

3. Submitting an official document, like a birth certificate, obtained from a non-official source, even if the information is true.

4. Submitting any document that supports a relationship that doesn't really exist.

5. Applying for a tourist visa if you intend to stay in the U.S., or study in the U.S.

Regardless of whether or not fraud is present, I think taking some consultations from qualified immigration attorneys is sound advice.

Edited August 23, 2007 by bszoom42

[kim&james 0]

Since his entry was legal and he is now married to a US citizen I wouldnt see the problem in filing for the I-130 and AOS at the same time. Overstay is forgiven when married to a USC.

He is not strictly illegal in the way that most think of illegals. He is out of status and would be subject to deportation if caught. He should not leave the US as he would be subject to a 10 year bar.

Once papers are filed with the USCIS, his status would be Adjustment Pending and he would be eligible for a EAD and AP, though I would not use AP to leave the country in his case as he probably wouldnt get back in.

They might do well to have a initial consultation with a attorney but from what you have said they shouldnt have any other problems than anyone else who has overstayed a visitors visa.

See here for the guides

http://www.visajourney.com/forums/index.ph...page=i130guide2

What most people seem to think of in the way of fraud is his intent at entry. If he intended at entry to immigrate then yes that is considered to be fraud however if they married on the spur of the moment then thats a different story.

[Rings 10]

Thank you for all of your help. I will pass this information on