F-1 to marriage to overstay... Help !!

I

im_help

Registered Users (C)
Came to the US on a F-1 Visa. Got married in 2003. Never filed paperwork because at the time of marriage, I was working illegally to fund college. I know its not an "excuse", but I did it. We are very happy in our marriage and have two kids now. I am still working.

I always wanted to apply for a green card via marriage, but have always been scared because of the consequences because I am employed.

My question is, what are the possible ramifications ? I realize the worst is deportation, but the fact that I have been married, two kids, filing taxes every year all that show otherwise and will they process an application ??

Help please...
 
im_help said:
My question is, what are the possible ramifications?
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If you are married to a US citizen, none.

I realize the worst is deportation, but the fact that I have been married, two kids, filing taxes every year all that show otherwise and will they process an application ??
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The fact that you are married to a US citizen is all that matters. The fact that you were responsible is irrelevant and cannot help or hurt you.

Get yourself legal before you get deported. You want to file the I-130/I-485/I-765/I-693 and G-325 package.
 
Thank you - I am in the process of getting all of the documentation ready. Would it be in my best interest to hire a lawyer considering the situation is out of the norm ?
 
im_help said:
Would it be in my best interest to hire a lawyer considering the situation is out of the norm ?
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Doubtful - your situation isn't exactly unusual as IR cases go. At the worst, if you are unsure you can pay $100 for a consultation and paperwork review.
 
Ya, your situation isn't that bad of a scenario. Overstays are excused if you are married, however, I have heard that traveling out of the country may trigger a ban if you've overstayed for a year or more. I'm not too sure about this, but I have read/heard this was the case. Sounds like you aren't really going anywhere though :)

Secondly, you don't really need a lawyer as long as you can pay attention to detail and don't mind lots of paperwork and tedious gathering of evidence to submit with your application. If you would like some help, check out the book in signature... I used it (after I already applied for my AoS this summer) and it totally eased my mind. I did everything it said... if you are new, it will totally make the process much easier for you. And it's a short read.

One mod suggested that I am selling this book or gain financially from recommending this book and that couldn't be farther from the truth. I just am recommending a great product that I am NOT affiliated with in ANY way. Those that know me on this board know that I have had some trials and tribulations with my particular case and know that I went through this for real. Also, I used the book in conjunction with this site which is also SUPER helpful. So many educated people to help you here! So, with that said - good luck!!
 
im_help said:
Came to the US on a F-1 Visa. Got married in 2003. Never filed paperwork because at the time of marriage, I was working illegally to fund college. I know its not an "excuse", but I did it. We are very happy in our marriage and have two kids now. I am still working.

I always wanted to apply for a green card via marriage, but have always been scared because of the consequences because I am employed.

My question is, what are the possible ramifications ? I realize the worst is deportation, but the fact that I have been married, two kids, filing taxes every year all that show otherwise and will they process an application ??

Help please...
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Hi,

As the Real Canadian indicated, your case is very clear cut and will probably be approved, if you prove your marriage as legitimate. I can't argue with anyone who has two kids as having married to evade the immigration laws:(.

However, it will also depend on how you got your job. In your job application, did you claim to be a US citizen? :confused:I have read of cases where people are working illegally, but they claimed to be US citizen to procure the ability to work. If you claimed to be a US citizen, then you will have a bit of a problem. ;) If this is not the case, then you are in good shape and there is no need for an attorney, save the money for your kids or a nice vacation in the Grand Bahamas after you get your greencard.

Good luck in your filing, this website is equipped to guide you till your greencard approval...:)
 
im_help, also learn the difference between "overstay" and "unlawful presence" for your particular case. Apparently, bbqchickenrobot's book doesn't go into great detail about the difference. ;) But, fortunately you can read it for free in this old INS memo. :)
 
THANK YOU to everyone replied. What about my current employment ? Should I stay where I am at or should I leave the company ? This has probably been the biggest reason I haven't filed any paperwork. I am pretty much the provider for my family - and carry the health benefits etc. My wife is also employed, but I bring more than her...

To make matters worse, yes the job application DOES say US Citizen :(

THANK YOU again in advance...
 
bbqchickenrobot said:
One mod suggested that I am selling this book or gain financially from recommending this book and that couldn't be farther from the truth. I just am recommending a great product that I am NOT affiliated with in ANY way. Those that know me on this board know that I have had some trials and tribulations with my particular case and know that I went through this for real. Also, I used the book in conjunction with this site which is also SUPER helpful. So many educated people to help you here! So, with that said - good luck!!
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YOUR FREAKIN' BOOK is BOGUS, With OUT of DATE information and YOU GET A FINANCIAL BENEFIT everytime someone clicks on your link. :mad:

You used to have the full URL link, that included you "referall ID", I called you out on it and now you use a lame "redirect service" to hide it.

Seriously, stop ADVERTISING in this forum!! you are not better than the spam-bots that flooded this place selling nike shoes... :mad:

Get a real job and stop trying to "make money" out of people who come here. There is PLENTY of FREE resources out there, point them to that instead.

You have been warned. Again! :rolleyes:
 
THANK YOU to everyone replied. What about my current employment ? Should I stay where I am at or should I leave the company ? This has probably been the biggest reason I haven't filed any paperwork. I am pretty much the provider for my family - and carry the health benefits etc. My wife is also employed, but I bring more than her...


To make matters worse, my job application DOES say US Citizen on it...

THANK YOU again in advance...
 
im_help said:
THANK YOU to everyone replied. What about my current employment ? Should I stay where I am at or should I leave the company ? This has probably been the biggest reason I haven't filed any paperwork. I am pretty much the provider for my family - and carry the health benefits etc. My wife is also employed, but I bring more than her...


To make matters worse, my job application DOES say US Citizen on it...

THANK YOU again in advance...
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Did u check that you were a US citizen?:confused:
 
bbqchickenrobot said:
Ya, your situation isn't that bad of a scenario. Overstays are excused if you are married, however, I have heard that traveling out of the country may trigger a ban if you've overstayed for a year or more. I'm not too sure about this, but I have read/heard this was the case. Sounds like you aren't really going anywhere though :)

Secondly, you don't really need a lawyer as long as you can pay attention to detail and don't mind lots of paperwork and tedious gathering of evidence to submit with your application. If you would like some help, check out the book in signature... I used it (after I already applied for my AoS this summer) and it totally eased my mind. I did everything it said... if you are new, it will totally make the process much easier for you. And it's a short read.

One mod suggested that I am selling this book or gain financially from recommending this book and that couldn't be farther from the truth. I just am recommending a great product that I am NOT affiliated with in ANY way. Those that know me on this board know that I have had some trials and tribulations with my particular case and know that I went through this for real. Also, I used the book in conjunction with this site which is also SUPER helpful. So many educated people to help you here! So, with that said - good luck!!
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What a phony person you are.....:rolleyes: Your book is full of crap, and you are full of crap because you are making some dime on this bull....

Cut it out or sell around street corners....:mad:
 
PraetorianXI said:
YOUR FREAKIN' BOOK is BOGUS, With OUT of DATE information and YOU GET A FINANCIAL BENEFIT everytime someone clicks on your link. :mad:

You used to have the full URL link, that included you "referall ID", I called you out on it and now you use a lame "redirect service" to hide it.

Seriously, stop ADVERTISING in this forum!! you are not better than the spam-bots that flooded this place selling nike shoes... :mad:

Get a real job and stop trying to "make money" out of people who come here. There is PLENTY of FREE resources out there, point them to that instead.

You have been warned. Again! :rolleyes:
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I am checking to see if advertising a book URL in a profile signature violates the Terms and Conditions of the forum. If it does the user will be asked to remove that URL.
 
im_help said:
Al, to anwer your question, yes.
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You have quadrippled your problems by a billion....:rolleyes: Anyone who claims to be a US citizen while they are not, is in violation of all existing and future immigration laws. :eek:

It is a temptation which most immigrants fall into, a claim to be a US citizen in an attempt to address temporary immigration problems, but failing to realize that claiming to be a USC is actually more like a death sentence. :eek:

Any immigrant who claims to be a US citizen when they are not, is inadmissable. In 1997, immigrants hating republicans forced Clinton to sign into law a billl making anyone who claims or claimed to be a US citizen since the 1970s,' inadmissable to obtain any immigration benefits. In you case, if you also claimed to be a US citizen in your tax filing, then your difficulties are huge in your quest to finally obtain a greencard. :(

If you never claimed US citizenship in any documentation which USC can easily obtain from other agencies, then your case will be as simple as a sunday morning walk in a nice park. However, your case has become so difficult that even an attorney will be useless or only there to give you false hope. Your case is going to be extremely difficult. I don't want to discourage you, but to give you the full facts of the future ahead of your case...:(
 
Not particularly what I wanted to hear. well, to look at some light at the end of the tunnel, what would probably be the best approach to this situation ? I sincerely appreciate all the advice :)
 
im_help said:
Not particularly what I wanted to hear. well, to look at some light at the end of the tunnel, what would probably be the best approach to this situation ? I sincerely appreciate all the advice :)
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IM,

Personally, I will have no other advice to offer because as I indicated, your case in loaded with landmines... :( It will be prudent if you educated yourself with the process from here onwards, so as you are prepared for a rocky road ahead of you....:(

I can only wish you best of luck in your filing, you will need all the luck in the world...:)
 
Al, Thank you very much. If anyone else has any advice - I am more than willing to hear them as well :) THANK YOU AGAIN to everyone in advance...
 
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