Can't get married!

[ari4u]

hey ari,
pardon me if i offended you,i have no differences with anyone.But going by johny cash's words that some one needs proof for what they post..i just requested him to proove his point.
do u know how many ppl in citizenship forum have freeked out after reading his post that a uscis officer asked an applicant to leave the building and get a pen at the time of the interview.
Do u think anyone would do such a stupid thing,and his other post where he bashed a indian guy just coz indian guy said he was unempoyed for 7 months,this friend of ours gave a verdict that he infact did something illegal to survive those 6 months...
anyone in contracting knows there are times when u r out of projects for a few months...tht doesnt make him a criminal..
hope u understand...

query. This is the reason why i hate to post in the citizenship forum (not that it makes a difference to anyone if i post there or not). I have seen very few threads that actually stick to the topic and help the OP. Most of the time, it is personal attacks, mud-slinging, vocab-war, flaring of attitudes out there. I dont wish to get into details of who is bad or who is not. I only know that everyone has a right to their opinion (stinking or not) and I have the right to choose between reading and responding to what was written or ignoring it and moving on. I know it is not in my control, but i will try to make sure that behavior does not proliferate to this forum.

Other than that... have a nice weekend

 

[ari4u]

Maybe I should just rip the stupid visa out!

I thought that if we left right now he would not be allowed back in the US for 10 years. But I don't know a lot about all this stuff. Until I met my fiance I didn't even know what a visa was. When he first told me about it I thought he was required to get a visa credit card to come into the US, which I thought was a very funny way of forcing America's wonderful values on others! So what is this 10 year ban that I have heard of? What is CP? I know my lawyer can explain it, but two weeks seems like such a long time to wait and have this whole situation explained to me. We don't mind going back and staying for awhile, as long as we can be together. I'm just going crazy right now not even knowing which country I may be living in in a couple of months!

Thank you Ari for bringing this back to the matter at hand. All your information has been really helpful, and the way jnj explained the passport/visa thing makes a whole lot of sense. Thank you. Finally, something that makes sense!

I know that he cannot get his passport renewed here in the US being out of status. So if the expired visa or nearing-expiration-date passport is the obstacle for you guys to get married anywhere in the US (after you have tried all possible venues here), my opinion of you guys going to india, gettting married there, you applying for his GC via consular processing still holds good He should try to leave US to go to india before his passport expires, else he will have more hassles trying to enter india

 

[hadron]

I know that he cannot get his passport renewed here in the US being out of status.

Depends on the policies of his home countries consulate. I don't think there was ever mention of where he is from.

So if the expired visa or nearing-expiration-date passport is the obstacle for you guys to get married anywhere in the US

It might be an obstacle in OK, I haven't heard about this being a problem anywhere else.

my opinion of you guys going to india, gettting married there, you applying for his GC via consular processing still holds good

This will put him at an almost 100% risk of being excluded from the US for 10 years and having to fight for readmission while being abroad.

 

[ari4u]

Depends on the policies of his home countries consulate. I don't think there was ever mention of where he is from.

Yes, it is mentioned in the first post.
I was born in the US. My fiance came to the U.S. from India on a student visa.

It might be an obstacle in OK, I haven't heard about this being a problem anywhere else.

well, i dont know how illegal immigration is shaping things up and changing laws and requirements. I do know that you have to show a valid ID for most places in order to get married and based on what the OP wrote, that was something i never heard of, being denied for having an expired visa. I'll have to agree with you on not having heard about this being a problem elsewhere, but you never know if the laws have been changed.

This will put him at an almost 100% risk of being excluded from the US for 10 years and having to fight for readmission while being abroad.

I wasnt sure of the implications, thats why i asked the OP in my previous post to consult an immigration lawyer to make sure this approach would be helpful. He definitely will not have problem getting married in india as they wont care for his passport or visa.

 

[hadron]

> Yes, it is mentioned in the first post.

My bad

> I wasnt sure of the implications,

Being excluded, that is the implication. They better get married quick before his passport expires. As a citizen spouse, he can adjust status to permanent resident. He will encounter suspicion on the part of the immigration service, but due to the fact that he entered legally at the time he has a right to adjust.

> He definitely will not have problem getting married in india as they
> wont care for his passport or visa

Well, but the US consulate in india will make him fill out a biographic form and check on his background once he applies for an immigrant visa. And once they determine that he stayed in the US illegally for more than 1 year, they will deny the immigrant visa filing.

 

[hadron]

Off to Vegas !

http://www.co.clark.nv.us/clerk/Marriage_Information.htm

Identification: The following may be used for identification:

Driver's License or State-issued I.D. card.
Original or Certified copy of Birth Certificate.
Foreign Birth Certificate must be translated into English and notarized.
Passport.
Military Identification.
Resident alien card.

They are used to marrying non-citizens of the US and won't give you a hard time like your backwoods county clerk in OK. If you can't make it before the passport expires, get a copy of his birth certificate and have it translated (if not in english).

 

[Suzy977]

[3] Actually, you are standing up for Suzy after seeing my postings to her on this thread. And I also know that you think (or maybe someone else too) that it is your moral duty/obligation to stand up for your “friends” just because you guys MIGHT have backed up each other at one point or may have same goal at one time against someone. Or perhaps, somebody might have told you something about me?. Or you are looking something here to time pass?

I don't need anyone to "stand up" for me.

I didn't ask anyone to "stand up" for me.

And last but not least, in the future, please, try not to get me caught in your cross fire.

P.S. Rereading your post, only the parts where my name popped-up, I find it in poor taste to use my name so many times just to substantiate your dispute with another member.

Please refrain from doing such in the future, if you have anything to say to me directly, go ahead, otherwise I don't want to be involved in these "little" exchanges you have with others.

 

[JohnnyCash]

I don't need anyone to "stand up" for me.

I didn't ask anyone to "stand up" form.

And last but not least, in the future, please, try not to get me caught in your cross fire.

P.S. Rereading your post, only the parts where my name popped-up, I find it in poor taste to use my name so many times just to substantiate your dispute with another member.

Please refrain from doing such in the future, if you have anything to say to me directly, go ahead, otherwise I don't want to be involved in these "little" exchanges you have with others.

"I don't need anyone to "stand up" for me.

Good to know this. No "stand up" for you, eh?



"I didn't ask anyone to "stand up" form"

Nobody has said that you ASKED someone to be in a "stand up form" for you.



"please, try not to get me caught in your cross fire."

I don't know if I could do that, but I will try. Why? Because in any crossfire, the relevant facts are discussed from the beginning, where the fire has started from. And, it could be a crossfire to you, but standing up for my conviction and fighting for right thing is my nature which I've been doing ever since, in and out of this forum.


"the parts where my name popped-up, I find it in poor taste to use my name so many times just to substantiate your dispute with another member"

I am sorry that you feel this way. To you, it could be a poor taste to use your name in my references, but not to ME. Why? Because the discussion that we had earlier on this thread was used just an reference in my later posting to clearing up a misunderstanding that a fella has, and obviously it is used to make make a sense/point on a situation. By no means my references are used to "substantiate any dispute with another member".

One more thing you should know that I don't have any dispute with anyone; rather I respond when someone makes offensive postings, spreads lies and accuses something that I did not do.

Besides, I am not scared to telling the truth even if I get banned which I know some people are very much interested in here.

Further, you cannot expect me (or anyone else) not to use a reference to make a point. Because it is my choice and fundamental right. Moreover, it is my style to use references to make a sense in any posting as to my discretion. And I cannot change my style for anyone especially when there is nothing wrong in adding references to a posting especially when there is nothing offensive.



"I don't want to be involved in these "little" exchanges you have with others"

I also don't want you to be involved either, but then you need to stop involving yourself in between given the fact that there are people who are using our discussion as a plateform to achieve their underlying motive.

I do add references in my postings to make a sense of a situation. If a situation would warrant me to give a reference, I would. That's why info is there for at first hand regardless of someone wants 'this and that'. Plus, if you post would something to someone, you can't expect them not to answer to you, regardless of you like it or not.

I did not respond to your last posting becasue I don't want to involve you in this mess, but since you have made another posting here then I'm compelled to answer especially when I've figured all that out of what is going on here.



"Please refrain from doing such in the future"

Told you already that I can't do that. But I will try. Giving a reference is NOT against the terms of using this site, which you might know already. If someone will come in my way, I will compell to answer them accordingly, with or without references of the facts.

 

[k_razdan]

What kinds of "implications" would make CP a good option? He couldn't get it renewed because of financial reasons. And if we went there we would actually be going to Dubai. His passport is an Indian passport, but he left from Dubai and that's where his parents live, although he is originally from India. I don't know if that changes anything. Before ari said that we would only have to stay there for 60 days (I think that was it). Now everyone is talking about the 10 years. What determines the length of time he would be banned?

 

[ari4u]

What kinds of "implications" would make CP a good option? He couldn't get it renewed because of financial reasons. And if we went there we would actually be going to Dubai. His passport is an Indian passport, but he left from Dubai and that's where his parents live, although he is originally from India. I don't know if that changes anything. Before ari said that we would only have to stay there for 60 days (I think that was it). Now everyone is talking about the 10 years. What determines the length of time he would be banned?

i understand your confusion amidst the distractions here. I will explain it in short as to when the 10 year ban will be triggered for your future husband

[This section is assuming you guys get married here in the US and file I-485]
1. You both get married and file for his green card (I-130, I-485)
2. Once I-485 is filed, he is no longer out of status. He is in a valid legal status called pending AOS and is allowed to remain in the US in such status till his I-485 is adjudicated.
3. If he chooses to travel out of US using Advance Parole (I-131) (before his GC is approved ), he would trigger the 10 year ban from entering US.
4. So, the best alternative for him to travel is after he gets his GC approved to avoid any complications.

[This section assumes you both go back to India, get married and follow the CP route]
1. You both get married in india and you file for his GC in the US consulate there.
2. The requirement for filing GC via CP is that you, the USC, should have stayed in india for atleast 60 days after marriage.
3. I wasnt sure if the 10 year ban would take effect in this case, but a good immigration lawyer will be able to tell you.

In any case, he needs to have his passport valid for atleast 6 months when entering any country except india. Be prepared to anticipate issues on that end too.

 

[hadron]

> 3. I wasnt sure if the 10 year ban would take effect in this case,
> but a good immigration lawyer will be able to tell you.

It is the fact that he violated the immigration laws that triggers the ban, the mode of how he applies for a greencard is not relevant.

 

[Suzy977]

"I don't need anyone to "stand up" for me.

Good to know this. No "stand up" for you, eh?



"I didn't ask anyone to "stand up" form"

Nobody has said that you ASKED someone to be in a "stand up form" for you.



"please, try not to get me caught in your cross fire."

I don't know if I could do that but I will try. Why? Because in any crossfire, the relevant facts are discussed from the beginning, where the fire has started from and on. And it could be a crossfire to you, but standing up for my conviction and fighting for right is my nature which I've been doing ever since, in or out of this forum.


"the parts where my name popped-up, I find it in poor taste to use my name so many times just to substantiate your dispute with another member"

I am sorry that you feel that way. To you, it could be a poor taste to use your name but not to ME. Why? Because the discussion that we had on this thread was just an reference in my later posting to clearing up the misunderstanding that other fella has and making a sense, and not to "substantiate any dispute with another member".

Besides, I am not scared of telling the truth even if I get banned which I know some people are very much interested in here.

Further, you cannot expect me not to use any reference to make a point. Because it is my choice and fundamental right. Moreover, it is my style to use references to make a sense in any posting as to my discretion. And I cannot change my style for anyone especially when there is nothing wrong in putting the references.



"I don't want to be involved in these "little" exchanges you have with others"

I also don't want you to be involved either, but then you need to stop involving yourself in between given the fact that there are people who are using our discussion as a plateform to achieve their underlying motive.

I do give references to make a sense of a situation. If a situation would warrant me to give a reference, I would. That's why info is there for at first hand regardless of someone wants 'this and that' or not. Plus, if you post something to someone, you can't expect them not to answer to you, regardless you like it or not.

I did not respond to your last posting becasue I don't want to involve you in this mess, but since you have made anothe posting here then I'm compelled to answer especially when I've figured all that of what is going on here.



"Please refrain from doing such in the future"

Told you already that I can't do that. But I will try. Giving a reference is NOT against the terms of using this site, which you might know already. Just because my other posting has been deleted, that doesn't mean I've to hear from others on what I should be refrained from. If someone will come in my way, I will compell to answer accordingly, with or without references of the facts.

My post had some typos...thank you for correcting me, even though you used a sarcastic "subtle" manner.

As you may know, English is my second language, and besides that...I never, ever in my whole life had a chance to learn it in school.
Everything I know, is from radio, tv., reading papers and books, and being forced to communicate with people here in the U.S.
I'm 100% against the bilingual b.s., so I'm striving to do my best...
So things are not just coming to me "naturally" when I write, sometimes I have to use spelling too, when I have doubts.

Anyway, if we had this "conversation" in my native language, believe me, things were different.

So, try to be less caustic, it's not going to kill you, trust me

Good night, Sam.

 

[ari4u]

> 3. I wasnt sure if the 10 year ban would take effect in this case,
> but a good immigration lawyer will be able to tell you.

It is the fact that he violated the immigration laws that triggers the ban, the mode of how he applies for a greencard is not relevant.

Thats the whole point. Being the spouse of a USC, overstay is forgiven and applicant is eligible to file for AOS. Could it be the same case for CP? It is the same USC he is married to, so why should CP be different from AOS?

I know the 10 year ban is triggered when trying to re-enter US. So what if he stays back, takes the CP route, gets his GC and then enters US? i dont think anyone would stop him at that point. That is the reason i asked the OP to talk to an immigration lawyer as i dont know the implications of overstay on CP.

 

[cherr1980]

Even for consular processing the person can be found inadmissible because the trigger of the 3/10 year ban. In that case it is necessary to file for a waiver.

Section 212(a)(9)(B) of the Act

Unlawful Presence

Section 212(a)(9)(B)(ii) of the Act defines the term “unlawfully
present” for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of
the Act. For purposes of these sections, an alien is deemed unlawfully
present in the United States if present after expiration of a period of
stay authorized by the Attorney General or present in the United States
without being admitted or paroled.

Three and Ten-Year Bars to Admission

Section 212(a)(9)(B)(i) of the Act is broken into two sub-groups
according to the period of unlawful presence in the United States. Section
212(a)(9)(B)(i)(I) of the Act renders inadmissible those aliens who were
unlawfully present for more than 180 days, but less than one year, and
subjects them to a 3-year bar to admission. Section 212(a)(9)(B)(i)(II)
renders inadmissible those aliens unlawfully present for 1 year or more,
and subjects them to a 10-year bar to admission. These grounds of
inadmissibility are applicable only to aliens seeking visas or readmission
to the United States following a prior period of unlawful presence in the
United States.

I think that the part over here is that a person is seeking for a visa through a Consulate...so anyway must file for the waiver. But I am agree with Ari that a lawyer can guide you what to do.

Good luck,

 

[k_razdan]

What's a waiver? And can this only be filed if we live there or can it be filed here in the U.S. as well? I know my lawyer will be able to help us figure out what is best for us to do, but all your input is helping me know what to ask him when we go so hopefully we wont waste any time. Also, where can I find this Act you're talking about? "Section 212(a)(9)(B) of the Act"

 

[hadron]

don't do it.

You have the options of either:

A.
- get him a green-card with little hassle over the course of the next year. The moment you file, he is legal and protected from deportation.

B.
- go back to a country neither of you has a lot of ties to and throw yourself at the mercy of the notoriously hard-a## US consulates. The waivers from inadmissability have yearlong processing times and nobody knwos what the chances of suceeding are.

Why would anyone in his right mind even consider option B ??

 

[eddie_d]

Have him go to his countries consulate and get a new passport, it is expiring anyway.
Or better, just take the DL. Or go to a different jurisdiction that doesn't care who you are, e.g. Las Vegas, NV.

You've watched too many movies / tv shows my friend. In Las Vegas you need to show ID just like anywhere else. Unlike the dumb movies you have all seen, in Las Vegas you need a marriage licence. To get a marriage licence you need to show government issued ID.

The only difference from most other places is that the county office that issues marriage licences is open 24 hrs a day on weekends and there is no waiting time required before getting a licence and getting married.