Advised needed!

S

star19

Registered Users (C)
Hi guys-

I am in really need of your advise. I am a green card holder thru asylum (as6) and I married my fiancee who unfortunately at this point is out of status (he had a visitor visa and got denied for the second extension). I already took his name on all papers except green card. Do I have to change my name on the green card or I could wait until citizenship? I am afraid that by changing my name it could affect my husband. I was told by a legal secretary that I shouldn't change my name because INS would locate my out of status husband and there is a chance of deportation. What should I do?
Also, I would like to know what possibilities do we have to make his life easier (legal to some extent).
Thanks in advance!
 
you need a lawyer and a lot of them give a free CONSULTATION , forget about the legal secretary they know nothing
 
star19 said:
Hi guys-

I am in really need of your advise. I am a green card holder thru asylum (as6) and I married my fiancee who unfortunately at this point is out of status (he had a visitor visa and got denied for the second extension). I already took his name on all papers except green card. Do I have to change my name on the green card or I could wait until citizenship? I am afraid that by changing my name it could affect my husband. I was told by a legal secretary that I shouldn't change my name because INS would locate my out of status husband and there is a chance of deportation. What should I do?
Also, I would like to know what possibilities do we have to make his life easier (legal to some extent).
Thanks in advance!
Click to expand...


How long before you become a U.S. citizen?
 
star19 said:
Hi guys-

I am in really need of your advise. I am a green card holder thru asylum (as6) and I married my fiancee who unfortunately at this point is out of status (he had a visitor visa and got denied for the second extension). I already took his name on all papers except green card. Do I have to change my name on the green card or I could wait until citizenship? I am afraid that by changing my name it could affect my husband. I was told by a legal secretary that I shouldn't change my name because INS would locate my out of status husband and there is a chance of deportation. What should I do?
Also, I would like to know what possibilities do we have to make his life easier (legal to some extent).
Thanks in advance!
Click to expand...

I believe there is not much you can do for him until you become a USC, but on the other hand, you can file a I-130 for him, then updated it after you get your citizenship in order for him to adjust status (if he was inspected when he arrived here). At this point (after filling I-130) there will be a USCIS paper with both names on it (you as petitioner, him as beneficiary), with that paper he can get a driver license or enroll in college (as out-state student).
I tell you that because that's my current situation, and that's the benefits I got to filled the I-130 (petition for a relative.)

Regarding about if they can deport him, that's possible. I believe the only chances we have (people adjsuting immigration status) is to avoid getting in trouble, in other words not to get arrested and that stuff that can get somebody to check the immigration status.

I know it is not easy to be in that situation, but at least he has you. good luck!
 
Last edited by a moderator:
Hi Star19 -

davidm992 just about covered the only options you have. Unfortunately the immigration policy in effect now creates a massive and unfair backlog for spouse of GC holders.

On a personal note, I submitted an I-130 application for my wife when I got my GC in 2003, and it was approved in 2005. But there is nothing I can do with the I-130 as the visa numbers are not current. The only good thing is that I can upgrade the form once I become a citizen. This way I do not have to pay the new high priced rates.
 
colocolo said:
davidm992, which paper (form) did you file to get your driver license? Where did you find it?
Click to expand...

Hi Coloco,

As soon as I got the notice for the I-130 I went the the DMV (driver license office) to renew mine. (was expired 3 months:( ). AT the first DMV I went they deny to renew it bacuse they said I needed at least a work permit in order for them to issue the driver license. It was frustaring 'cause the I-130 receipt was the only paper I got (still :D ). Then I went to other DMV and same thing, but they said that I need the response for the I-485 receipt. The I realize that every DMV has their own "rules" or in my opinion depends of the DMV clerk. After I went to the 4th DMV in the same day, She said it was ok with the I-130 so they renew it for 2 years.

Now to answer your question, I did not have to fill any extra form to get the Driver license, they had all my info in their system alreayd 'cause it was a renew.

I hope this will help you. Also, be persistent wit that, if you can not get it in the first attemp, try to another one and you will see. Good Luck.

Also, I just want to share the frustation I felt when they denied to renew my driver license in the first 3 attemps. That frustation was because the people who denied that (asking me for more papers) were hispanic (as I am), and the lady who accept it was Afro-American. With that I just ment that I felt bad because we dont help each other knowing the situation, on the other hand feel good about that there are people who understand that situation and helps doing ther job as the lady did.
 
davidm992 said:
Hi Coloco,

As soon as I got the notice for the I-130 I went the the DMV (driver license office) to renew mine. (was expired 3 months:( ). AT the first DMV I went they deny to renew it bacuse they said I needed at least a work permit in order for them to issue the driver license. It was frustaring 'cause the I-130 receipt was the only paper I got (still :D ). Then I went to other DMV and same thing, but they said that I need the response for the I-485 receipt. The I realize that every DMV has their own "rules" or in my opinion depends of the DMV clerk. After I went to the 4th DMV in the same day, She said it was ok with the I-130 so they renew it for 2 years.

Now to answer your question, I did not have to fill any extra form to get the Driver license, they had all my info in their system alreayd 'cause it was a renew.

I hope this will help you. Also, be persistent wit that, if you can not get it in the first attemp, try to another one and you will see. Good Luck.

Also, I just want to share the frustation I felt when they denied to renew my driver license in the first 3 attemps. That frustation was because the people who denied that (asking me for more papers) were hispanic (as I am), and the lady who accept it was Afro-American. With that I just ment that I felt bad because we dont help each other knowing the situation, on the other hand feel good about that there are people who understand that situation and helps doing ther job as the lady did.
Click to expand...


What state are you in?
 
davidm992 said:
At this point (after filling I-130) there will be a USCIS paper with both names on it (you as petitioner, him as beneficiary), with that paper he can get a driver license or enroll in college (as out-state student).
Click to expand...

The rules on driver's licenses and college enrollment vary state by state.
 
thankful said:
The rules on driver's licenses and college enrollment vary state by state.
Click to expand...


I am in Florida. and you are right it varies by states. Regarding college enrollment was the same situation I had wit the driver license. At the first campus the told me I had have an I-485 (adjus status form) in process in order to let me enroll or an student visa. I went to other campus (same college) they said with the I-130 was ok, but I had to pay as out-state.:(
It is frustaring to pay 3 times more than a regular student, but in the same time thankful to get the chance to enroll.
 
Thank you very much! that will help me with everything! like college and get a part time to pay my debts for the attorney and USCIS fees! lol

How is your process doing? what is about?
 
Thanks you guys!
I really appreciate your advises, and hopefully I can do something about it. I have another 2 years until citizenship, so I hope we are going to be strong until then. Do you guys know any good lawyers in chicago?
 
You must log in or register to reply here.
Top