Marrying to US citizen but he is out of status.

K

kamrans

Registered Users (C)
A friend of mine needs your time. here is a brief description of his case:
He came to US in 1991 on student visa. Did his BS in computer science and
then he didn't get the H1 from any company to work here. Since then he is
out of status. I believe he is out of status since 2000. Though he
is doing good jobs here in IT and getting good pay. He is paying the taxes
and everything. He didn't went for the registration. So he never got
registered with USCIS. Now he is getting married to a US citizen but a
Pakistani Girl. This marriage will be real not like the one that people used
to do it here.
The questions are:
1) Will his status can be sorted out?.
2) What is the whole procedure and any approximate timeline for the case to
be finalized.
3) In any scenario should he has to leave the country or not.

Thanks a lot for all your time and help.
 
1) Will his status can be sorted out?.
Yes if he entered US legally(through inspection/still have I-94) and of course legally married to USC

2) What is the whole procedure and any approximate timeline for the case to
be finalized.
Here check this link, this guy posted a complete checklist what you need to get GC through marriage eventhough you've overstayed
http://www.immigrationportal.com/sh...ad.php?t=146505
The process could take from 6-8 months up to 2 years depending where you live. To get work authorization it will take appx 30 - 90 days. You don't need to apply for I131(travel docs) because you cannot get out of US anyway until your GC is approved

3) In any scenario should he has to leave the country or not.
NOT AT ALL. If he does, he wouldn't be able to returned to US for at least 10 years.
 
One more, make sure he keeps all the documents and evidence that their married is real such as: wedding pictures, joint bank accounts, basically all docs that prove they're really married.
 
I'm not a lawyer but you said something that maybe can get you in trouble(maybe not)

You said

"He didn't went for the registration"


When this thing came out i remember reading somewhere that a person that wil not register will be ban for doing Adjustment of Status in the future(Again,maybe i'm wrong)

If i was you i would check with a real lawyer
 
first, we have to find out what kind of registration it is.

Kamrans, what exactly do you mean by "he never registered with USCIS"?
 
If i remember well anybody from Marrocos,Paquistan, north korea and other 20 countries had to register after 09/11.


Is a very big deal and i would recomend to check with a lawyer before applying for anything

Again I'm not a lawyer

I remember reading about this topic one time.
 
Found this in the net . Go to the link



http://www.cscc.edu/iss/NSEERS.htm


http://www.ice.gov/graphics/specialregistration/index.htm







pecial Registration with the INS


The INS (Immigration and Naturalization Service) has implemented the National Entry-Exit Registration System (NSEERS) for certain non-immigrants entering the United States and for some non-immigrants already in the U.S.



Citizens and nationals of the following countries are required to follow special registration procedures. Other non-immigrants already in the U.S. who were registered at the port of entry on or after September 11, 2002 are still subject to Special Registration procedures.



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