Advice Please

C

Cariad

Registered Users (C)
Okay I think im posting this in the correct place now...........

We have priority dates of June 2001 for family 1st prefence visa. I came into the USA in March 2002 on a tourist visa. I was told by senators office that I could file extension to stay. The INS lost the paperwork (thankfully the sentators office will vouch for the fact the paperwork was filled out there in their office and sent by them in a timely manner). Ive been waiting three years but nothing. Im still in the US and currently out of status. The visa bulletin is still saying current dates are Oct 22 2000 and it has been that way for the last nine months. Is there anything I can do to become legal and enable me to work? The sentators office is still fighting our corner as my grandfather and my mother are both American Citizens (My grandfather was born in Mass and fought for his country). But im starting to go out of my mind.

Cariad
 
I Came over in March 2002 and my visa was for six months it ran out August 2002, Im still fighting with the INS to recognise that this paperwork has been filed. So since then. The Senators office got back onto it today. My boyfriend has offered for us to get married and I do love him, but I dont even know if this is a possibility either.
 
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Filing an I-130 does not permit you to remain in the US legally. You can not enter on a tourist visa and extend you B-2 status with the intent to remain in the US and adjust status when your priority date becomes current. I do not know all the facts since I have not reviewed your file, and the facts as you state them are incomplete and somewhat confusing, but I see no set of facts that would put you in lawful status at this point.

Consult with a qualified immigration attorney. I think you may have a serious problem and it will only get worse over time.
 
Oh wow, this gets worse........

1)What about the marriage option? this is avaiable to me at this time and its not like id be doing it for the sake of it, it is something we want further down the line, we would just speed it up.

2)If the senators office has no jurisdiction over this whats the highest person that we can apply to to have this sorted out?

3)Is an attorney our only option?....we have an attorney that is willing to go into battle for us, be he says that we cant do anything until my number is current. The Visa bulletin is still saying family 1st prefence priority date is 22 Oct 2000 our priority date is June 2001. This number has not moved in the last nine months however last time it moved it made a huge jump.

My worry is, is it worth staying here and waiting it out only to be refused if the attorney cant help, then we loose thousands too.

Or am I better off packing up, going home and starting again. I'm 29 now ive been waiting three years and we did everything legally according to the guidance we were given (however mistaken).

With grateful thanks Cari
 
Cariad said:
Oh wow, this gets worse........

1)What about the marriage option? this is avaiable to me at this time and its not like id be doing it for the sake of it, it is something we want further down the line, we would just speed it up.

2)If the senators office has no jurisdiction over this whats the highest person that we can apply to to have this sorted out?

3)Is an attorney our only option?....we have an attorney that is willing to go into battle for us, be he says that we cant do anything until my number is current. The Visa bulletin is still saying family 1st prefence priority date is 22 Oct 2000 our priority date is June 2001. This number has not moved in the last nine months however last time it moved it made a huge jump.

My worry is, is it worth staying here and waiting it out only to be refused if the attorney cant help, then we loose thousands too.

Or am I better off packing up, going home and starting again. I'm 29 now ive been waiting three years and we did everything legally according to the guidance we were given (however mistaken).

With grateful thanks Cari
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Cari,

Go get married.

You are out of status (illegally in the US) even if INS didn't loose your paperwork.

Even if your number becomes current, it would be rather difficult for you to process your adjustment of status as a result of your illegal stay. You can't go to your home country either, see bellow.

Do not leave the US under no circumstances. You may be barred from entry for 10 years no matter who your husband is :)

On the other hand, if you marry your boyfriend now, rather than later, the visa number will become available to you immediately and as a spouse of US Citizen you will be able to finish the processing in the US.

Good luck!
 
yeah good luck to you

don't forget to get pictures of the (brief) ceremony

those will come in handy for the interview
 
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