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DAP Forums > DREAM Act > The Lounge

Adjust through marriage? - Page 2

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#11
09-22-2010, 11:21 PM
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ohh a little warning, we really do not and should not condone adjusting through marriage as a business transaction. I have a neighbor that did just that, and has been discovered. The case is pending but he will be most likely deported and banned for life. adjusting through marriage should be done in such a case where it is legitimate. My sister adjusted through marriage and they would occasionally call to make sure she was actually living with her husband, even after she had permanent status and I am not talking months later but even years later.
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#12
09-22-2010, 11:24 PM
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so basically people who entered without inspection are screwd !!!
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#13
09-22-2010, 11:41 PM
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Quote:
Originally Posted by conte View Post
As I know it, undocumented immigrants who came with a visa can receive permanent residency within several months after getting married to a U.S. citizen (acquaintances of acquaintances have done this). But in some cases, even those who initially arrived with visas were made to go back to their country of origin for 10 years. I've been under the impression that if you came in without inspection, there was absolutely no way to adjust your status inside the country, but judging by posts here... it could be possible?
Look they told my sister that she had to go back to her country of origin, lawyers also mentioned that my parents had to go back to their country of origin, and no one left this country to adjust their status.

That is why you go to a lot of lawyers to fix your situation, because some of them may be wrong, that is why you also do extensive research before going to a lawyer, and that is why you get a good lawyer, because you get what you pay for.

For my parent's adjustment of status we went, I kid you not, to at least 12 lawyers, and we found that a lot of them made some very astonishing errors. We knew they did not have to leave this country but there were a couple of lawyers that said that there was no way for them to adjust their status in this country and they had to go to the embassy in their respective countries. there was also a divide in half about where the petition had to filed, whether in the state of residence of the petitioner or the state of residence of the petitioned.

In essence know what you think you need to know and ask many lawyers.
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#14
09-22-2010, 11:51 PM
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Quote:
Originally Posted by judy21 View Post
so basically people who entered without inspection are screwd !!!
That is pretty much what I get but don't quote me on that. The only hope would be asylum, and I do not think anyone wants to do that, specially after there was a report that showed that virtually no one that applies for asylum gets accepted, and that probably includes very believable claims.
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#15
09-22-2010, 11:54 PM
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Quote:
Originally Posted by bonescones View Post
if you overstayed your visa, it will be very quick and easy to adjust through marriage to a USC. you won't have to go back to your home country or anything like that. that is how my dad got his green card after being in the US for 15 years. the whole process took about 6 months.
Does the USC have to show funds or means of support or anything like that?
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#16
09-23-2010, 02:58 PM
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Quote:
Originally Posted by judy21 View Post
so basically people who entered without inspection are screwd !!!
not true at all. my friend prettyjolie got her green card and she EWI.. But she only EWI once and no criminal history.. and yes she had to go back to her country but she wasn't there that long but then again she did stay a bit longer to spend time with her family. may i suggest you guys do some research before freaking out. it will be complicated if you EWI more than once and you have a criminal history.. don't marry someone because you want a green card because uscis will find out and your ass will be banned!!!
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#17
09-25-2010, 02:52 AM
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Quote:
Originally Posted by judy21 View Post
so basically people who entered without inspection are screwd !!!
THERE IS HOPE!

Quote:
Originally Posted by Ash View Post
Does the USC have to show funds or means of support or anything like that?
Yes. They have to show that they are 125% above poverty level (unless they're military, then I believe it's only 100%).

The USC has to send the National Visa Center proof of income and the past three years' income tax forms. If they are unable to meet the requirements, they can find a cosponsor. The cosponsor would have to meet the same requirements and submit the same paperwork.

When the USC petitions their spouse, they are responsible for them for ten years. They file an affidavit of support (I-864, I think), which is taken very seriously. The petitioner is responsible for the immigrant, even if they are divorced or whatever, and must support the immigrant so that he/she doesn't become a public charge. This also applies for any cosponsors.

Quote:
Originally Posted by luvsherry View Post
not true at all. my friend prettyjolie got her green card and she EWI.. But she only EWI once and no criminal history.. and yes she had to go back to her country but she wasn't there that long but then again she did stay a bit longer to spend time with her family. may i suggest you guys do some research before freaking out. it will be complicated if you EWI more than once and you have a criminal history.. don't marry someone because you want a green card because uscis will find out and your ass will be banned!!!
Seriously, guys.

I did get my greencard through marriage. I entered without inspection at the age of 8. I left to Mexico this past May for my visa/waiver appointments in Ciudad Juarez, and came back to the US in July. I did NOT spend 10 years in Mexico. I actually stayed longer, like luvsherry metioned, to spend time with family (and because Mexico is awesome!).

Some people may have to be in their country longer, though. For Mexico, there is a pilot program, which allows people with "clearly approvable waivers" to be approved immediately. Those people might only have to spend a few weeks in Mexico. Others are sometimes backlogged and have to spend up to a year and a half in Mexico. However, it seems like the consulate is working hard to get through all the cases in the backlog. I think some people have been approved after like six months right now.

For other countries, the process can take longer, though. Some may take 12-18 months to review your case after the waiver is submitted. Mexico is the fastest, I think.

When a USC spouse petitions their husband/wife, they can file the 601 waiver so that the ten (or three) year ban is waived. That is not the apply to everyone, though. For example, people who entered without inspection more than once (after 1997) aren't eligible to file a ban, and then they would have to live outside the US for ten years.

Everyone should always consult with a few lawyers before they get married or begin any immigration process. Don't just consult with one lawyer. I consulted with 4 or 5, not sure. Your situation might be different and you could screw up any chances of adjusting if you file the wrong documents.

Go to immigrate2us. net for more info. Before I found that site, I'd consulted with a couple of lawyers, and they both gave me the wrong information. I was told my case was weak and that I was going to be stuck in Mexico for years. Immigrate2us. net is the only reason that I am now a legal resident.

By the way, my case took 7 months start to finish. My case WAS expedited at the end because my husband was deployed to Afghanistan, but it is definitely possible for others (without a military petitioner) to go through the process in less than a year.

=]
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#18
09-25-2010, 09:17 AM
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I have a friend who married a USC, he entered illegally and was told to go back to Honduras for 10 years. He came back 2 years later and got his GC.
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#19
09-27-2010, 11:40 PM
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Mexico is awesome to prettyjolie because she doesn't have to stay there lol
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