Complicated Situation (advice desperately needed!)

T

tapioca

Registered Users (C)
My fiance is from Korea and has been living illegally in the U.S. for several years (she has long overstayed her tourist visa). She has a couple of misdemeanors and possibly one felony - all related to prostitution. She is now a legitimate small business owner with a 4 y.o. son who was born in the U.S. and is an American citizen.

With these facts in mind, can anyone please advise on:

1. How long will it take after we marry for her to be able to leave the country and return safely?
2. Will she be able to leave and return with an Adjustment of Status or does she need to wait for the full green card?
3. What happens to this whole process if we divorce before she gets whatever is necessary for her to travel and return to the US?

Whatever advice and general information you could share would be greatly appreciated!!!

Thanks in advance!
 
overstay for few years is 10yr ban if she leaves the US. it will be hard to adjust status because of her possible felony. i'd honestly think about hiring a lawyer because if her AOS gets denied, she might be issued a deportation order.
 
Enochy,

From the get go, invest in a competent lawyer, once again, a competent lawyer, not some bozo who has been sitting on a bench somewhere collecting dust. The felony record for your wife is a huge huddle which she will need to overcome.

1. If and when you file for paperwork, your wife shouldn't even think about leaving the US until she is issued a green card and HOLDING IT IN HER HAND, provided USCIS finds her qualified for a green card with a felonious record. If you miss this step and have her go abroad on an advanced parole, she is toast of CBP which is known to ask people tough tough questions due to the criminal acts.

2. If you already asking about divorce, both of you won't be together for a long time. Assuming that she is approved and you decide to divorce, she will have to remove conditions on their own, creating problems for her too.

What type of felony are we discussing here?
 
Assuming you are a US citizen, the overstay won't be a problem for her in the green card process, because she entered legally. Although if she is caught by immigration authorities before you and she have filed the necessary green card paperwork, she can be deported even if you have married her.

But her prostitution-related crimes could get her green card denied, followed by deportation, depending on the specific details of the offenses. She needs to see an immigration lawyer before applying, in order to review the court papers and determine if she is deportable based on those convictions.

3. What happens to this whole process if we divorce before she gets whatever is necessary for her to travel and return to the US?
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If you are a US citizen, the entire process generally takes 3-6 months. Do you really think you might get divorced that quickly?

But anyway, if you divorce before her green card is approved, the green card process will be canceled and she can be deported for her overstay.

If you stay together long enough to get the green card approved, it will be valid for 2 years, during which she can travel outside the US and return. But when it is about to expire, she'll have to file I-751 to extend it with a 10-year card. If you divorce before her I-751 is approved, she might not get the 10-year card and could be deported.
 
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ilucas said:
How is she a small business owner and illegaly in US?
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That's how many illegal immigrants make money. They often can't find an employer who will hire them without papers, so they set up their own shop and start selling products or services. Customers don't ask for immigration papers before buying stuff.
 
Jackolantern said:
Assuming you are a US citizen, the overstay won't be a problem for her in the green card process, because she entered legally. Although if she is caught by immigration authorities before you and she have filed the necessary green card paperwork, she can be deported even if you have married her.

But her prostitution-related crimes could get her green card denied, followed by deportation, depending on the specific details of the offenses. She needs to see an immigration lawyer before applying, in order to review the court papers and determine if she is deportable based on those convictions.


If you are a US citizen, the entire process generally takes 3-6 months. Do you really think you might get divorced that quickly?

But anyway, if you divorce before her green card is approved, the green card process will be canceled and she can be deported for her overstay.

If you stay together long enough to get the green card approved, it will be valid for 2 years, during which she can travel outside the US and return. But when it is about to expire, she'll have to file I-751 to extend it with a 10-year card. If you divorce before her I-751 is approved, she might not get the 10-year card and could be deported.
Click to expand...

It seems that what you are saying is contrary to some of the other info in the other posts. Am I right in taking your message to mean that she could safely leave and return to the U.S. after just a 3-6 month long process? Others seem to be saying that she should have her green card in hand before attempting to leave the country (a process that takes a few years, right?).

Please don't take this reply to be in any hostile or negative about your comments. It's just such a sensitive, confusing issue for me and I want to make sure that I understand the process and everything that we're up against.

Thank you!!!
 
tapioca said:
It seems that what you are saying is contrary to some of the other info in the other posts. Am I right in taking your message to mean that she could safely leave and return to the U.S. after just a 3-6 month long process? Others seem to be saying that she should have her green card in hand before attempting to leave the country (a process that takes a few years, right?).
Thank you!!!
Click to expand...


You clearly misunderstood Jack. Once your wife boards the plane and leave the US without a green card, she is subject to a bar of 10 years. Worst of all, all her prostitution related indiscretions will make it difficult for her to obtain a visa in the future, especially if you don't sponsor her now and see what will be the outcome from USCIS. If you file all the paperwork right now, the process takes 3-6 months, while SHE REMAINS IN THE US AND DOESN'T LEAVE TO GO ABROAD FOR ANY REASON AT ALL. That's the point Jack was trying to make.
 
tapioca said:
It seems that what you are saying is contrary to some of the other info in the other posts. Am I right in taking your message to mean that she could safely leave and return to the U.S. after just a 3-6 month long process? Others seem to be saying that she should have her green card in hand before attempting to leave the country (a process that takes a few years, right?).
Click to expand...

Nowadays it only takes about 3-6months to process the green card of those married to a US citizen.
 
tapioca said:
It seems that what you are saying is contrary to some of the other info in the other posts. Am I right in taking your message to mean that she could safely leave and return to the U.S. after just a 3-6 month long process? Others seem to be saying that she should have her green card in hand before attempting to leave the country (a process that takes a few years, right?).
Click to expand...

She can expect to have her green card in hand in 3-6 months, if her criminal record doesn't result in long delays or denial.

For people pursuing a green card through other routes such as employment, or family-based in other categories, it can take years for them. But not for your fiancee who will be applying based on marriage to a US citizen, which is the fastest route to a green card.
 
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tapioca said:
It seems that what you are saying is contrary to some of the other info in the other posts. Am I right in taking your message to mean that she could safely leave and return to the U.S. after just a 3-6 month long process? Others seem to be saying that she should have her green card in hand before attempting to leave the country (a process that takes a few years, right?).
Click to expand...

I think Jack was very articulate in his reply from start to finish. But for someone who is new to this forum, some simplification is in order.

1. Your wife will be barred from reentering the US for next 10 years if she leaves the US before she gets a greencard
2. These days it's taking approximately 3 to 6 months to get a greencard based on marriage to a US citizen.
3. Your wife is safe to travel after she gets a greencard and will be able to return to US using that greencard.
4. Based on statements 1, 2 and 3 I hope you understand when she should travel and when she should not.

Unfortunately whether your wife's greencard itself will be approved or denied depends on the nature of criminal charges. People here think that a competent lawyer can better advise you on how to deal with those charges.
 
Wow, just 3-6 months even though she overstayed her tourist visa!?!? That's much much faster than I thought. And when she has that greencard she can just divorce me and that's it?!?!
 
tapioca said:
Wow, just 3-6 months even though she overstayed her tourist visa!?!? That's much much faster than I thought. And when she has that greencard she can just divorce me and that's it?!?!
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Not really, because at first she will only get a 2-year conditional green card. Close to the end of those 2 years, she will have to file I-751 to extend it to a 10-year card, and the I-751 normally requires still being married and living together (if divorced, she could apply for a waiver, but it might not get approved). If the I-751 is denied, she becomes deportable. So she is not fully free and clear to divorce you until she gets the 10 year card, although she will be free to travel in and out of the US when she gets the initial 2-year card.
 
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You are responsible for the affidavit of support even if you divorce.

This certainly seems like a fraud marriage to give her a GC.
 
tapioca said:
Please don't take this reply to be in any hostile or negative about your comments. It's just such a sensitive, confusing issue for me and I want to make sure that I understand the process and everything that we're up against.

Thank you!!!
Click to expand...

Can you tell us if:

1) Her first conviction was at least 5 years after her entry into the US for the firs time..
2) Her last conviction is at least 5, 10 or even 15 years BEFORE today?

Both of these can matter somewhat.
 
praxx said:
Can you tell us if:

1) Her first conviction was at least 5 years after her entry into the US for the firs time..
2) Her last conviction is at least 5, 10 or even 15 years BEFORE today?

Both of these can matter somewhat.
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1) It's probably about 5 years after her entry into the US
2) Last conviction was about one year ago
 
Also, this is NOT a fraud marriage. I am marrying for love and for family. I BELIEVE she is marrying for the same reasons.
 
tapioca said:
1) It's probably about 5 years after her entry into the US
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That's very, very good.

tapioca said:
2) Last conviction was about one year ago
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That might be a problem depending on how serious the conviction was. Was this a misdemeanor? How long ago was the LAST felony conviction? You need to look into all the complexities of cancellation of removal. She has the son who may suffer extreme hardship if she were removed so that helps a lot too.
 
Hi
I am new to forums. I will really appreciate if someone can advise me on filing I751.
When I received my Conditional GC my husband was studying and working part time .My mom sponsored me with I864. After I receved my conditional GC my income is $11000 in 2009 and my husband is still a student shown as dependent on my Tax of 2009. Do I need a sponsor again and send I864 along with my application? I have all the other required documents such as Lease,utility bills,bank statements,joint tax returns . Is it ok if the Citizen's wife's (applicant)above income will help move the application.Please advise.
Thanks
 
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