Marriage Petition.

A

alex33x

New Member
I have a particular case with my brother he is a mexican citizen, he got married about a year ago. Now his turist visa expired and they barely started to work on the petition papers. I sent them to my accountant's office because I noticed he does the work on the forms and the translations.

Well after submiting their marriage license and everything they asked for, he went to pick up his papers today to send into the USCIS, and the lady that did all the work on them. Told him he can get deported and that the process can take up to 2 years.

I was wondering if this is accurate, they've been married a little over a year now. They just didnt do anything about it up until now.

Any input will be greatly appreciated.

Thanks.
 
alex33x said:
I have a particular case with my brother he is a mexican citizen, he got married about a year ago. Now his turist visa expired and they barely started to work on the petition papers. I sent them to my accountant's office because I noticed he does the work on the forms and the translations.

Well after submiting their marriage license and everything they asked for, he went to pick up his papers today to send into the USCIS, and the lady that did all the work on them. Told him he can get deported and that the process can take up to 2 years.

I was wondering if this is accurate, they've been married a little over a year now. They just didnt do anything about it up until now.

Any input will be greatly appreciated.

Thanks.
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Is he married to a U.S. Citizen?
 
alex33x said:
Yes, he is married to a US a citizen. I forgot to mention that.
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Since he entered on an actual visa and is married to a USC, once the I-485 is properly filed he will be in a period of authorized stay. If he files the I-485 before being "out of status" for 180 days, he will not even be subject to the unlawful presence bar. IF the I-485 is filed before he reached 180 days past the expiration date on his I-94, then he can also file the I-131 for travel authorization while the I-485 is pending.

IF he has reached 6 months of unlawful presence he cannot leave the country before getting a green card or they won't let him back in for a long time. 3 or 10 years.

This is all based on the assumption that he has no "other issues" that cause a problem.
 
BigJoe5 said:
Since he entered on an actual visa and is married to a USC, once the I-485 is properly filed he will be in a period of authorized stay. If he files the I-485 before being "out of status" for 180 days, he will not even be subject to the unlawful presence bar. IF the I-485 is filed before he reached 180 days past the expiration date on his I-94, then he can also file the I-131 for travel authorization while the I-485 is pending.

IF he has reached 6 months of unlawful presence he cannot leave the country before getting a green card or they won't let him back in for a long time. 3 or 10 years.

This is all based on the assumption that he has no "other issues" that cause a problem.
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It's been a few years since his visa expired, he doesnt need a travel authorization and he has no need to leave the country though. He just hasnt file his papers over to the USCIS because of fear of deportation, since this lady told him, they would send him back to Mexico during the process for at least 1-2 years. So he shouldnt worry about that then?
 
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That lady doesn't know what she's talking about. Maybe she saw that happen to somebody who entered without a visa, or used a visa with restrictions that forced them to leave the US for a couple of years (e.g. J1 with the 2 year HRR). But that's not the case with your brother. If they file the papers this month, he should have his green card by the end of this year.

If that lady was actively involved in preparing the paperwork (other than just being a typist for what her boss told her to write), they shouldn't trust what she put on those forms. The paperwork should be throroughly reviewed by somebody else before submitting it.
 
Jackolantern said:
That lady doesn't know what she's talking about. Maybe she saw that happen to somebody who entered without a visa, or used a visa with restrictions that forced them to leave the US for a couple of years (e.g. J1 with the 2 year HRR). But that's not the case with your brother. If they file the papers this month, he should have his green card by the end of this year.

If that lady was actively involved in preparing the paperwork (other than just being a typist for what her boss told her to write), they shouldn't trust what she put on those forms. The paperwork should be throroughly reviewed by somebody else before submitting it.
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I second that! Have a fresh pair of eyes take a look and make sure those eyes are in a competent professional.
 
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