Marrying a citizen - Page 2

Dazany4002 i have a quick question...did you enter with inspection?... and in general if someone did not have inspection is marrying completely out of the question?

if u have made an illegal entry without an inspection, you are thus unable to adjust your status through marriage. you have to leave the country first and then re-enter again with a fiance visa or otherwise.

Please visit www.immigrate2us.net on this subject. And as always, consult a *qualified* immigration lawyer.

Personally, I would never marry someone for this purpose. Even if I wholeheartedly believed they were just a generous being with nothing but good intentions. I just would hate to feel like I owe my freedom to someone. A few years ago some family friends offered to adopt me and I said no for the same reason. Sometimes I think that might have been a stupid decision but most of the time I know it was the right thing. But hey, to each his own!

No, it's still possible for an EWI to gain legal status (a bit more work but possible).

If someone entered without inspection (ewi):

1. If the person is a beneficiary (or derivative beneficiary, i.e. child or spouse) of a family-based (I-130) petition or an employment-based (I-140) petition filed on/before April 30, 2001, he/she should be covered under 245i which allows you to adjust status in the U.S. but you have to pay a $1000 fine.

2. If someone entered without inspection and is not covered under 245i, he/she would have to go through Consular Processing but that includes leaving the U.S., incurring the 3 or 10-year ban, and filing the I-601 waiver - proving that the USC or PR spouse (fiance?) or parent will suffer "Extreme Hardship" (and that's if he/she qualifies to file the waiver). Again, immigrate2us.net is a great site for more information on this option and attorney Laurel Scott specializes in the i-601 waivers.

Thank you everyone

Thank you all, luckily I am not marrying just to fix my situation. I have been with this person for years. Just still worried about the process.

If you entered legally.. The process should be fairly easy.

If you EWI, you can still adjust but you'll have to file a waiver to prove hardship and go back to your home country to get approved.. (scary! but some people on here have adjusted this way.. It shouldn't be EXTREMELY difficult to be able to prove hardship through marriage, in my opinion.. I mean it is your spouse after all! ... And if they happen to be in the army, I think you'll have a bigger chance to get approved)

Good luck.

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then why does she stay?? she can divorce him now if she wants