Don't know what to do

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martinmuneton

Registered Users (C)
ok so here's my situation. I'm a US citizen in the US military. I am currently overseas right now in Germany. In December I'm going on leave back to the states and getting married with my fiance who is in the US illegally, by which I mean she never had a visa in the first place and came in without inspection. When we get married I want to start the paper work to get her a GC. But the thing is her mom turned in paperwork for her petition already and it was received in Oct. 2007. The thing is her mom just got her petition accepted so she could turn her paperwork in for a GC. Her mom was illegally here as well. It took her 10 years give or take to just get her I-130 accepted. My question is how do I go about turning in paperwork for my wife after we're married when she has a pending case already? Oh and her uncle or her mom's brother was the one who petitioned for my fiance's mom.
 
If she entered without inspection, she cannot file for AOS even after marrying you. How long has she been in the US?

martinmuneton said:
getting married with my fiance who is in the US illegally, by which I mean she never had a visa in the first place and came in without inspection.
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According to my understanding if she is in US without inspection there is no way that she can apply for AOS staying here she has to go back to the home country and should apply from there
 
After serving her 10 year ban. There is a waiver provision, I-601, but it is not easy to obtain one.

rajmichigan said:
According to my understanding if she is in US without inspection there is no way that she can apply for AOS staying here she has to go back to the home country and should apply from there
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I know people that have gotten the ten year ban but got pardoned and got their GC. i was just wondering how to go about it.
 
Triple Citizen said:
A comptetent lawyer and form I-601.
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Mr. Military man,

Unless you are prepared to move with your new bride back to Germany, the chances of her remaining in the US are extremely slim. When did she arrive in the US? If she came as a child, maybe it can make a small difference (probably not) in the eyes of USCIS. What you need to do is to look for a competent lawyer specializing in I-601, and have won cases recently, not like 10 years ago. I Google couple and here is a list you should look into, but before you engage in any lawyer, you need to know yourself what I-601 is all about to protect yourself from being screwed by an incompetent lawyer.

http://www.google.com/#sclient=psy&...s_rfai=&pbx=1&fp=ab5cdb1806fef4aa&safe=active
 
She's not from Germany she's from Mexico. I'm just stationed in Germany. And I couldn't move back with her because i'm in the military. I'm going to be deployed soon so I wouldn't even know how I would be able to help her when she's in Mexico and I'm deployed.
 
martinmuneton said:
She's not from Germany she's from Mexico. I'm just stationed in Germany. And I couldn't move back with her because i'm in the military. I'm going to be deployed soon so I wouldn't even know how I would be able to help her when she's in Mexico and I'm deployed.
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You missed my point, once you marry her, she cannot remain in the US. Since you are stationed in Germany, aren't spouses allowed to join their deployed husbands/wives in Germany? If this option isn't available, she will need to return to Mexico or remain in the US documented because it is going to take a lot of legal ramblings to gain her a legal status in the US. In the process, it is going to cost you a whole lot of money, which is an object for people in the military (so I am told). The only way in which she can remain here and become a legal member of the US society, find a way to fund your legal costs for her I-601.

In my view, you will need to demonstrate the hardship you are going to suffer is she can't remain in the US with you. This is a huge bar to clear and hence the services of a competent lawyer specializing in this area is imperative. It is possible that your military service might sway USCIS, but you can't count on that one. Are you a native born USC or naturalized? Are you from Mexico too? When did she come to the US? How old was she? Moreover, does she have any criminal record or any issues with the law? Remember that this forum is just open to all, unless you are upfront with the facts surrounding your case, it will be difficult for people to give you proper counsel. Once again, please review the PDF on I-601 waivers.

http://www.lizzcannonlaw.com/wp-content/uploads/2009/11/I601Memo1.pdf
 
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Since you are active duty military, contact the "Military Helpline"; check the USCIS website for information on their services. It is a small benefit you receive for your service.
 
Yes spouses are allowed over here but she doesn't have any visas or passport so I don't know how she would be able to. And I'm a US citizen because I was born in the states. She came when she was like 2. And she doesn't have any sort of criminal record.
 
She has been in the US before the 245(i) cutoff, so if the relevant paperwork was filed for her before the deadline over 9 years ago, she could qualify for 245(i) protection and be eligible for a green card despite entering without inspection.

You should consult a lawyer and/or the immigration experts in the military to assist with the details, for help with figuring out if she actually qualifies for 245(i) and informing you which papers need to be filed (you don't necessarily need a lawyer for the whole end-to-end process; one or two consultations to help you figure out what to do might be sufficient).
 
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When did her mom got her GC?
If her uncle filed for her mom, probably in the F-4 category, she should have qualified under a derivative beneficiary.
 
martinmuneton said:
I thought you had to have turned in at least the petition before April 30, 2001? She turned it in 2007.
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But you said this below about her mother.
Her mom was illegally here as well. It took her 10 years give or take to just get her I-130 accepted.
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If you meant the I-130 which was filed to petition her mother was pending for 10 years, that indicates it was filed before the 245(i) cutoff, and so your fiancee may also qualify as a derivative, depending on what was filed back then.

245(i) involves a lot of ifs and buts; you shouldn't assume she doesn't qualify or is qualified for it without further analysis. Get assistance from an immigration professional who can look at all the details of her and her mother's situation and give you an informed opinion.
 
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Mr Soldier,
No need to listen to all this jerks. You are in the military, your wife is here whether she got inspected or not does not really mean a thing, file for her green card, she would not get deported . There are thousands of cases like this, and yours is special, you are in the military. i have seen people become green card holders and then citizens all the time without being inspected
 
Some people have told me that but I always thought of it more of an opinion than a fact. It's still going to be hard to try and do all this paperwork with me being on orders for deployment pretty soon
 
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