can somebody help me I'm married to a GC holder???

P

puceml72

Registered Users (C)
:confused: can somebody help me? I been married to a green card holder for 2 years never file anything since the wait for the green card is 7 years! can somebody tells me if some laws changed??? if I can do something now?? is going to be a UC only next year! please help me!

thanks
 
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puceml72 said:
:confused: can somebody help me? I been married to a green card holder for 2 years never file anything since the wait for the green card is 7 years! can somebody tells me if some laws changed??? if I can do something now?? is going to be a UC only next year! please help me!

thanks
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What is your current immigration status?
In your case, the LPR spouse can file I-130 and wait for it to get approved and PD to be current before you can apply for AOS (If you are in the US), or go for CP (If outside US). The I-130 in this case takes ~3-4 years for PD to be current and if your spouse had applied for I-130 after you got married, you would atleast have been in line and your PD would have become current in 1-2 years. Since you say your spouse will become a USC next year, i would suggest that you file I-130 right away and upgrade it once your spouse becomes a USC next year and then file I-485.

Filing I-130 will not give you any benefit and you have to maintain legal status on your own. If you are out of status now and have overstayed for over 6 months, DO NOT leave the US till you get your GC.
 
right now I got no status at all 3 years ago I had a TN but didn't renew it it's a small visa and was affraid to not being able to renew so ... then Got married to my husband but some people told me to wait until is a USC but now I need to go to my country to take care of stuff and I don't want to go I'm affraid that they wont let me back in! I'm so sick of being in prison!!!! and the new bill it's bull shit because I got a TN before the 2 years and I think it is just to catch people anyway!!! so now don't know what would be the best for me??? the thing is that my husband got is USC DENIED 3 years ago for a stupid reason I guess the agent was in a bad mood! long stupid story! He has is green card for 20 years and denied is USC go figure!!! now he can only reapply this august but it takes time so ...... should I wait???? or go for it?? and what is a I-130 and a I 485????? it wont give me nothing that I can travel right???

and what is PD and AOS, CP ???all the letters sorry I'm not familiar with all that!

I do have a social thank God because of my TN but for the rest I'm stock here for the moment!

let me know thanks......
 
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Denied for stupid reason, blah blah, new bill is bull shit blah blah.. you know what.. I'm sick of hearing such whining from the one who did not obey the law as if system is the cause of the problem.
if you left the US before you get GC, you may not be able to enter the US next 3 years or 10 years depending on your overstay period.. No exception even for US citizen's immidiate relative. So, you should plan accordingly.
 
thanks! I'm not a whinner! you don't know our story so.... just stay nice!
my husband has is green card for 20 years now so he followed all the rules and I'm trying too but it's hard when everything is so difficult now!
I'm not asking questions to be a ass. I 'm asking question to get help if somebody has some idea that's all! thanks anyway!
 
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Hi puceml72,
As ari4u mentioned, applying I-130 is the right thing to do at this time. Hopefully your husband will become US citizen soon and then he can upgrade it. Unfortunately if you travel outside USA after overstay and before getting a green card there is a very high chance you won't be allowed back in.
To learn about I-485, I-130 (and many more) check out the uscis.gov website
http://www.uscis.gov/graphics/services/factsheet/index.htm
and http://www.visajourney.com/faq/ . There are many more sites and this forum if you have more questions.

Hope this helps.

Regards,
 
thanks for your help! what a I-130 does???? I went read on the web site and it says it's only good for spouse of US Citizen! maybe it has expeption?/

thanks
 
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If you did not have status and your spouse is not citizen yet, you may mess up the process in case you file I130 now.
I130 requires your spouse to write down you I94 departure # as well as expiration date. They can find out you are overstaying with these infos.
http://www.uscis.gov/graphics/formsfee/forms/files/i-130.pdf

I would say it's risky to do it now.
 
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GotPR? said:
If you did not have status and your spouse is not citizen yet, you may mess up the process in case you file I130 now.
I130 requires your spouse to write down you I94 departure # as well as expiration date. They can find out you are overstaying with these infos.
http://www.uscis.gov/graphics/formsfee/forms/files/i-130.pdf

I would say it's risky to do it now.
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tanks, do you think I should wait when he will get his USC to process???

thanks
 
I think the first thing you should do before listening what other people say (and I am not talking about people over here, since here people are very helpful but there is homework that you should do as well), since for the first part you did not follow things as you should and thinking that law is to catch people and fears that are totally unbased...please go to www.uscis.gov.

Or go to: http://www.uscis.gov/graphics/howdoi/spouselive.htm

Will take time to READ and RE-READ and READ again :cool: . Just do it. When you have been reading several times the process you will understand that probably many of the things that "such people" told you were totally wrong and your fears had no base.

Things are not easy and won't be, take time to read and concentrate about the entire subject, but just begin with the website and you then will be able to understand many of the things that people will say over here.

By the way, can you tell us why he got his citizenship denied? :rolleyes: To be a LPR for 20 years does not mean that you are entitle to be a US citizen.

Good luck,
 
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cherr1980 said:
I think the first thing you should do before listening what other people say (and I am not talking about people over here, since here people are very helpful but there is homework that you should do as well), since for the first part you did not follow things as you should and thinking that law is to catch people and fears that are totally unbased...please go to www.uscis.gov.

Or go to: http://www.uscis.gov/graphics/howdoi/spouselive.htm

Will take time to READ and RE-READ and READ again :cool: . Just do it. When you have been reading several times the process you will understand that probably many of the things that "such people" told you were totally wrong and your fears had no base.

Things are not easy and won't be, take time to read and concentrate about the entire subject, but just begin with the website and you then will be able to understand many of the things that people will say over here.

By the way, can you tell us why he got his citizenship denied? :rolleyes: To be a LPR for 20 years does not mean that you are entitle to be a US citizen.

Good luck,
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thanks! I mentioned above why he got denied! it's because of his ex wife she did something bad to him made up a story and the cops arrested him he got charge we battery and then dropped to a mistaminor because the judge and the DEA find out that the women was sick in the head! he took a plea instead of going to face a jury then it can be dangerous!!! so the agent denied him! and when he went in appeal another agent told him that the story was so stupid that if my husband will of got him the first time he would of give him is USC.... that's why I think immigration is not about law but about agents mood! if they like you you are ok if they don't like you good luck! it is discrimination! he received a letter last year saying that he will be able to reapply this august since that stupid thing happened 5 years ago!

thanks
 
oh I did not read that part...I really still don't see it...but well I am not agree in your entire post but do understand your frustration, I think if it is discrimation then your husband should not has the opportunity to appeal and we know that is not the case right? And your husband had a second chance, plus I don't think it was a mood...every adjudicator officer interprets the same thing in different ways sometimes and there are some hard liners than others. If you check all the details probably the first officer just check out that he made a plea and don't look the entire story which not all does that and actually even does not has to. Unfortunately your husband did not know the consequences of to made that plea for his citizenship application. What call my attention is why the DEA was involve?

And yes, immigration is about law if not then your husband should not be allow to appeal, and the law says that every person that get a denial can apply for an appeal and motion to reopen their cases. Unfortunately many of the problems of immigration cases is because ignorance and lack of knowledge about the process, and yes I know there are good and bad officers but to say that immigration is about a mood of a person (that can be less than 1% of all adjudicators officers) is totally unbased and wrong.

Check www.uscis.gov
 
cherr1980 said:
oh I did not read that part...I really still don't see it...but well I am not agree in your entire post but do understand your frustration, I think if it is discrimation then your husband should not has the opportunity to appeal and we know that is not the case right? And your husband had a second chance, plus I don't think it was a mood...every adjudicator officer interprets the same thing in different ways sometimes and there are some hard liners than others. If you check all the details probably the first officer just check out that he made a plea and don't look the entire story which not all does that and actually even does not has to. Unfortunately your husband did not know the consequences of to made that plea for his citizenship application. What call my attention is why the DEA was involve?

And yes, immigration is about law if not then your husband should not be allow to appeal, and the law says that every person that get a denial can apply for an appeal and motion to reopen their cases. Unfortunately many of the problems of immigration cases is because ignorance and lack of knowledge about the process, and yes I know there are good and bad officers but to say that immigration is about a mood of a person (that can be less than 1% of all adjudicators officers) is totally unbased and wrong.

Check www.uscis.gov
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thanks your info! I will go read what you send me, of course everybody has different opinion we can't all agree and I understand! anyway my husband will reapply in august for his USC with a lawyer this time to make sure everthing is fine, and my concern is I don't know if I should wait until he gets is USC to apply for my Green card or do it now?? for the I-130 etc...??? And you were right his story is under USC on this immgration forum sorry! not on this page
 
I think many people has apply for their relatives even they have overstayed. I am not sure but I think your husband can consult that with his lawyer, because at least you will be in the path.

Oh yea I know...just imagine if all os us have the same opinion, this forum would not existes hehehe :) plus boring eh...

Okay good luck! if you have more questions on the link and the process just ask.
 
cherr1980 said:
I think many people has apply for their relatives even they have overstayed. I am not sure but I think your husband can consult that with his lawyer, because at least you will be in the path.

Oh yea I know...just imagine if all os us have the same opinion, this forum would not existes hehehe :) plus boring eh...

Okay good luck! if you have more questions on the link and the process just ask.
Click to expand...


thanks! I just read what you sent me, I been here 2 years without a status and never left USA either since! so that's why I'm confused! you're right I will go with my husband and consult a good lawyer about that and take it from there! I'm just nervous about it because I do have no status now!

;)
 
Yeap, well there is always a risk if you wait for him to become a USC for then get on status, many people does that since the waiting outside is terribly long the problem is that whatever issue can come up during the citizenship process and then that is the problem, like happened to you, you know the 2% statistics that IF something goes wrong. Sorry about that.

Probably if I were you, I would make my spouse apply for me, because you at least will have to wait almost another year and who knows how things will be by that time...so better to have something than nothing. But ask your lawyer, he should know better or at least he could give you the pro & con about it. What you think? Yes I know, especially with all the things going on...well, do not get yourself in any trouble or away of them, your husband should undersand your situation and is not easy just because that problem, if it was not for that you will be with your EAD long time gone. But well, don't worry, at least as you said you had your SSN so you have several things in place.

Good luck,
 
cherr1980 said:
Yeap, well there is always a risk if you wait for him to become a USC for then get on status, many people does that since the waiting outside is terribly long the problem is that whatever issue can come up during the citizenship process and then that is the problem, like happened to you, you know the 2% statistics that IF something goes wrong. Sorry about that.

Probably if I were you, I would make my spouse apply for me, because you at least will have to wait almost another year and who knows how things will be by that time...so better to have something than nothing. But ask your lawyer, he should know better or at least he could give you the pro & con about it. What you think? Yes I know, especially with all the things going on...well, do not get yourself in any trouble or away of them, your husband should undersand your situation and is not easy just because that problem, if it was not for that you will be with your EAD long time gone. But well, don't worry, at least as you said you had your SSN so you have several things in place.

Good luck,
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what is a EAD?? thanks
 
Employment Authorization Document is the card that give you authorization to work. Normally is given for people who are in adjustment of status, there are other kind of visas that give you the same document but the eligibility is different.

You can have more information at www.uscis.gov then go to Search at the top of the main page, look at the list that appear where it says "How Do I? Frequently Asked Questions" click there and then it appears a list of things, you can look up by "Employment authorization/work permits" or other thing like "Permanent Resident".

Good luck,
 
cherr1980 said:
Employment Authorization Document is the card that give you authorization to work. Normally is given for people who are in adjustment of status, there are other kind of visas that give you the same document but the eligibility is different.

You can have more information at www.uscis.gov then go to Search at the top of the main page, look at the list that appear where it says "How Do I? Frequently Asked Questions" click there and then it appears a list of things, you can look up by "Employment authorization/work permits" or other thing like "Permanent Resident".

Good luck,
Click to expand...

thank you so much!
 
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