DelicateStom8

Waiting it out could be another 20 years, if you know anything about American politics; but it's your choice.

YES this is what I'm thinking too. It could be 20 years, but 20 years we can be together without the immigration interview/documentation fests. It sounds good to wait 20 years for the law to change, especially if things continue to be good with no problems and issues. The tax ID actually solves a lot of my major concerns.

~ Delicate Storm 8

Ok, first was he here before 2000? Before 911 people that came without inspection are still able to adjust. If he came after 911 then you both have no choice but for him to go back to his country. You also have to remember that there is a 10 years ban for staying illegally in the US once he leaves the country.

Thanks for replying! Our lawyer asked us about that and he doesn't qualify for the adjustment. In terms of choice, there are two. 1 is "waiting it out" and hoping the laws will change for a pathway to citizenship. and 2 going back to his country. I know those two choices already, I'm trying to get feedback on exploring the pros and cons to each. I know about the 10 year band, that why we're considering "waiting it out".

~ Delicate Storm 8

As far as I know he cannot file for a green card without leaving the country since he entered without inspection.

As to "waiting" well he risk arrest, deportation, jail time, he can't work, he can't get a job. So if the thought of your husband being incarcerated and deported doesn't bother you take the risk.

Thanks for your feedback. He works for himself since he arrived and is doing pretty well so work isn't an issue. Arrest..yes, that doesn't sound too good. But so far, no problems. Most nondocumented folks don't get deported OR arrested so sometimes I think we hype up the risk when it may not be as significant as we think. Possible yes, but arrest and deportation, I'm thinking..is unlikely.

~ Delicate Storm8

You never HAVE to file the I-130, only if you want to petition for him to get his green card

The risks? Well, immigration reform has been pending for 8 years and still nothing. So you may be in for a long wait. In the mean time, you risk him being caught and deported, his workplace could be raided or someone could report him. Simply being married and having a realtionship does nothing to 'fight the deportation', he still will be deported. This drastically decreases your chances of having any sort of reform benefit you. Also, simple things like speeding tickets, no licence etc also reduces your risk

So yes, there is a risk. Just because he hasn't been caught yet doesn't mean he won't.

Good luck

Thanks for the info - I thought that after you get married you only have a window of time before you can't file the I130 anymore. Despite his status, he managed to get a license and a couple of tickets without any issue (interesting). Thanks again

~ Delicate Storm8

Hello everyone and thank you SO much for taking the time to read my question. My partner and I plan to get married. We met with an immigration lawyer about the long process of paperwork, interviews etc. We're second guessing our desire to go through that whole process and are considering waiting things out for immigration law to change and a "pathway to citizenship" where he can become a citizen without leaving the country. My partner entered the USA without inspection over 4 years ago.

My questions are:

1 - After we get married, how soon are we required to submit the I 130 form? Is there a deadline? If not, what happens if we let the deadline pass? Why is there a deadline if there is one?

2- I learned that with a Tax ID number, when we get married he can use it to pay taxes and put him on my health insurance and investments; which is great. SO with this is mind, what risks may we be taking by deciding to "wait it out" and not go through the process? The pros are we can stay together and will not have to go back to his country (yet or ever). But what are we really risking here? So many undocumented workers live in USA for their entire lives without a problem. The TAX ID will solve our issue of his health insurance and retirement benefits. What real risks are there? If deportation in a risk, if it happens, we'll have a longer history of relationship and evidence to fight deportation etc. Why shouldn't we wait it out?

Thank you so much for your help!

~ Delicate Storm8

I had my interview June 5th in London, my husband had an email a couple of days ago to say I am ineligible for a visa due to overstaying visitor's visa in 2005/2006, even though I applied to adjust status, checked with an officer at the immigration place that we were allowed to do it, he said yes as long as I started the process before my 3 month visa expired. We gave up on the visa at that time as would have had to sell my UK flat from the US within 90 days to secure enough funds. Anyway I am waiting (here in UK) for a letter of instruction on how to apply for a waiver and have to get a further interview. Has anyone any experience of this, and how long it takes? I presume it will be costly and time consuming. My husband has now moved back here to be with me as we were apart too long and now we are wondering if this was a wise move as he has given up his US work and address, so how do we ever get back there?

My bf and I will be applying for the hardship waiver during our process. Our lawyer told us that I shouldn't go to visit him for long periods of time or too often. I also should not get a job in his country to be near him. To do so would weaken our hardship waiver case. The fact that your husband was able to drop everything to live with you shows its possible and working so they is no need for a waiver to get you to the USA when you both are perfectly fine in your country and living together....see what I mean? I think you are playing with fire here and that by his living with you, you're hurting your case.

~ DelicateStom8

Hi All, Need help. We have interview this week and I just found out that my wife birth certificate is original but the English translation is photocopy I mean the attestation signature copy is copy not wet attested signed. Is that acceptable or we need to get that attested again. Please please please help.

I believe you have to have make two ORIGINAL copies of all of your documents. One for you and one for them. If I were in your situation, I would try to get originals wet attested and signed. If you can do it in the short time frame you have, I suggest you do. It's always better to be on the safe side. Don't give them any reason to reject your application or delay an already long process.

Good luck!

~ DelicateStorm8

Sorry to hear about this! Good luck and stay strong. Since it's been so long, it might be worth it to follow up with them and see if there's any problem. Maybe it got lost in the mail or email?