Married to illegal alien

[Jammin]

What is the name of your state?GA

I am married to a PR since 2002. If I overstay on my F1 visa and wait until he gets his citizenship in like 3 years time - will I - at that time be able to get legalized based on his citenzhip status? Or will I have to leave the US even at that point.

I know that persons who get married to illegals - then make the illegals legal. But in my case, I am already married, so I am confused as to if I can get the same benefit at that time.

Your straightforward answer is greatly appreciated.

Thanks in advance.

 

[phwl]

He (the permanent resident) can file sponsorship for you, but you would have to wait until your priority date before filing to adjust your status and you are technically not supposed to remain here). If you wait until he obtains his US citizenship, then there is no priority wait time. But since you stated there is an approx. 3 year wait for him to obtain citizenship, that time-frame is comparable to filing for a priority date now.

 

[Jammin]

to phwl

Thanks for replying - my husband has already filed the I130 - but I am not in status....but I am thinking to stay and wait until he gets his citizenship....so will I still get to be legal at that time or will I have to leave the US?

 

[ImmigAttyLana]

At this point, you might as well stay since you are not in status any longer. If you leave now, you will have a 10-year bar against reentry placed on you and you won't be able to enter the US even as a spouse of a US citizen for a period of 10 years unless you obtain a waiver, which is not a guarantee. So, now that you've put yourself into an unlawful presence situation, you should just stay put in the US.

 

[Jammin]

To AttyLana

So when he gets his citizenship - what would be the paperwork he would file to get me back on track ?

 

[I AM ALWAYS LIABLE]

So, now that you've put yourself into an unlawful presence situation, you should just stay put in the US.

My response:

. . . or, until that big green INS truck pulls up, and two officers come crashing through your door in the middle of the night, slap a pair of handcuffs on you, throw your little foreign ass in jail, and await your deportation hearing. Then, you get a free ride home, and wait for your 10 years to expire.

IAAL

 

[Jammin]

to - liable and others

well u are so right - about the truck and all.....but can anyone tell me what will be the procedure when my husband gets his citizenship? What will we need to file at that time?

I am more interested in knowing if I stay - will my husband's citizenship status help me any at all or will I still be left in an illegal status without any chance of getting in status again??????

 

[ImmigAttyLana]

Once your husband gets his citizenship he can petition on your behalf and as long as you can document your lawful entry to the US, you will get your permanent residence after the interview, provided everything is well documented and bona fide and you remain married to your husband.

 

[I AM ALWAYS LIABLE]

Once your husband gets his citizenship he can petition on your behalf and as long as you can document your lawful entry to the US, you will get your permanent residence after the interview, provided everything is well documented and bona fide and you remain married to your husband.

My response:

Just remember, Lana is programmed to tell you only the good things - - or as good as they can be under your circumstances.

I, on the other hand, will tell you the REAL crap that can, and most probably will, happen. While it's taking your husband 3 to 5 years to obtain his citizenship, you're "open season" for the INS. When they come for you, there's nothing you can do to stop them.

With any luck, they'll grab your foreign butt 2 weeks before your husband gets his citizenship, throw your ass in jail, and then send your butt back home where it belongs!

For good!

IAAL

 

[Julie-WA]

My response:

Just remember, Lana is programmed to tell you only the good things - - or as good as they can be under your circumstances.

I, on the other hand, will tell you the REAL crap that can, and most probably will, happen. While it's taking your husband 3 to 5 years to obtain his citizenship, you're "open season" for the INS. When they come for you, there's nothing you can do to stop them.

With any luck, they'll grab your foreign butt 2 weeks before your husband gets his citizenship, throw your ass in jail, and then send your butt back home where it belongs!

For good!

IAAL

Man, you are just plain sick...

 

[I AM ALWAYS LIABLE]

Man, you are just plain sick...

My response:

So, then you agree that lawbreakers should be allowed to stay in our country?

So, you agree that criminals should be rewarded?

So, you agree that it's only correct to tell our writer the "positive" points of her situation, and not the "down" side?

Is that what you're saying?

IAAL

 

[Julie-WA]

unlike you, I am not a psycho that lives online 24/7 and could not respond.
I never said anything about illegal immigrants or criminals, my comment or better say your diagnosis is based on your continuous attacks on people that actually know what they are talking about...but why would you care? You are just pathetic having no Legal opinion of your own and talking crap about others...

 

[Jammin]

Thanks

I just want to say thanks to AttyLana - even though I would I still have another question - you said he can petition for me at that time - so what should we do with the current I130 that has been filed - will that be null and void or should we have USINS withdraw the petition as of now?

To Julie - ignore this LIABLE person - don't let him/her upset you on my behalf.....there is a saying he who feels it knows it - I am guessing if they were in some of the situations we have to face because of the sometimes unjust immigration laws - then they would understand what we have to live with each day....

I am thinking of Mrs Reagan (whom I love) - who is now backing stem cell research - and I wonder if her beloved husband was not affected by the disease he had -i f she would even consider backing such an idea - I really think not - just goes to show that when people are faced with certain situations - they just have to do what they have to do...which she actually said in an interview with Katie Couric on NBC.

I love my husband and I hate to think I should not be with him because someone fails to sign a piece of paper - I refuse to let that keep my family apart...so I am doing what I have to do....

We came here not by choice but it happened - and we have decided to stay as we have much better opportunities here - I drive a luxury car - which in my country - I would only dream of driving - so why should I give it up ??

So the govt needs to get real on immigration and realise that this is the 21st century and laws that were made many years ago are just not realistic to the events of today. I don't want to do what I am thinking to do - but the system will not allow a law abiding person like me - to get a B1 visa to merely visit my husband - purely because I have a pending petition. See if the law allowed me to leave and return for visits - then I may be one less 'illegal' person in the system...

So to LIABLE - you have so much time to post comments - use your time more wisely and help us get these immigration laws changed - so can rest peaceful, and not have to have hard feelings against people doing what they have to do to survive. Write some letters on our behalf - get some emails going and stop making a menace out of yourself - please...

 

[ImmigAttyLana]

No, there is no need to withdraw the I-130 petition that has already been filed on your behalf. Once your husband becomes a US citizen, that petition will automatically be converted to a different type of petition (or you can request at that time that it be) taking into consideration your husband's then status as a US citizen.

All your concerns and issues about the laws of the US are not really relevant at this point, unfortunately, because the laws are as they are and the only way they will change is by acts of congress. so, since that is not going to happen at any time in the near future that will benefit you, just sit tight and wait for your husband to get his citizenship. it is always recommended that you find out what your options are BEFORE you put yourself into this predicament since doing so after the fact often leaves you with many fewer choices. Since you did not do this in time and have allowed yourself to go out of status, you are now stuck with your predicament, whether you like it or agree with it or not. So, all we can do is let you know what you are up against at this point and you decide how you want to proceed.

If you have any additional questions or would like further assistance with regard to your and your husband's situation, please let me know.

 

[I AM ALWAYS LIABLE]

So to LIABLE - you have so much time to post comments - use your time more wisely and help us get these immigration laws changed - so can rest peaceful, and not have to have hard feelings against people doing what they have to do to survive. Write some letters on our behalf - get some emails going and stop making a menace out of yourself - please...

My response:

Yeah, I'll write some letters . . . to the Immigration and Naturalization Service, to do their jobs better, faster, and to get you foreign illegals OUT OF THIS COUNTRY.
IAAL