Please somebody help me...

Brittany

New Member
:( Hello... My name is Brittany and Im an American citizen. My finacee has been in America about 5 years, He came from Venezuela. We have been together for 7 months and we are thinking about moving in together and starting our lives and marrying within the next two years...

He came to America with his parents whom had a work permit and they owned their own business. When they lost that job due to the income being to low they started a new job and Im not even sure if they are even working legally here, because their status hasnt changed... and he doesnt have his drivers licence due to waiting to long. Now its to late. And their visa has expired... He came to America legally... But even so, Im so scared of our lifes and what will happen. We love each other so much and I dont know what to do. We get into fights alot lately because Im so stressed out with it. :( And I dont mean to hurt him by me being confused, but I think I do, and I dont have anyone else to turn to... How can we assure ourself peaceful lives? How can we fix everything that we are worried about? Please... Help me... anyone... :(
 
Brittany said:
:( Hello... My name is Brittany and Im an American citizen. My finacee has been in America about 5 years, He came from Venezuela. We have been together for 7 months and we are thinking about moving in together and starting our lives and marrying within the next two years...

He came to America with his parents whom had a work permit and they owned their own business. When they lost that job due to the income being to low they started a new job and Im not even sure if they are even working legally here, because their status hasnt changed... and he doesnt have his drivers licence due to waiting to long. Now its to late. And their visa has expired... He came to America legally... But even so, Im so scared of our lifes and what will happen. We love each other so much and I dont know what to do. We get into fights alot lately because Im so stressed out with it. :( And I dont mean to hurt him by me being confused, but I think I do, and I dont have anyone else to turn to... How can we assure ourself peaceful lives? How can we fix everything that we are worried about? Please... Help me... anyone... :(

Hi Brittany,

You guys will be in a good shape.

Since he entered america legally"and that's the most important part in your story", it dosn't matter if he break the visa. since you will marry him, you need to file both I-130 and I-485"after marrige ofcorse.

you can go to www.uscis.gov, download these forms, and look at the instruction part.

since you are american citizen, you have the right to sponser yor husbend here.

so go a head, and marry him, get a good immigration attorney, and have him file for him.

good luck,

Moody
 
Brittany,

I'm having a hard time understanding the facts, which are even contradictory and make very little sense.
I know this must be hard for you, but can you focus and try to provide us a little better background?
Generally, if your "fiancee to be" had entered country legally (and did not do any crimes etc.) and maybe overstayed visa, he can adjust his status after marrying you. It will take some time and nerves and it is not guaranteed, but it is far from impossible.

Brittany said:
He came to America with his parents whom had a work permit and they owned their own business. When they lost that job due to the income being to low they started a new job and Im not even sure if they are even working legally here, because their status hasnt changed...(

Did his parents have a green card? Or some other visa? How come that they lost their status (if at all)?
If his parents were legally here for a long time and had their green card (I guess same thing goes for your "fiancee to be"), they could already get their citizenship.
Do not know, but it sounds more like they were illegally to begin with. But, please shed some light here.

Brittany said:
and he doesnt have his drivers licence due to waiting to long. Now its to late. (

This does not make any sense. You can get driver's licence in most states like in 2-3 hrs or even less time for a marginal fee. What he was waiting for?
Was he ever entitled a right to have driver's licence to begin with? In most states, you can get driver's licence only if you are legal immigrant.

Brittany said:
And their visa has expired... (

What type of visa? Tourist? Did he entered country legally the first time?
You are changing your opinion on this. Please focus and tell us the facts.

Brittany said:
.. But even so, Im so scared of our lifes and what will happen. We love each other so much and I dont know what to do. We get into fights alot lately because Im so stressed out with it. (

Don't be scared. People who love each other and who are people of good intentions and who do things in good faith will prevail in the end.

Brittany said:
And I dont mean to hurt him by me being confused, but I think I do, and I dont have anyone else to turn to... (

You are big time confused. Take a deep breath and think straigth. There are lot of ppl here who can help with a good advice.
Even if you need to engage lawyer...that is not a big deal.

Brittany said:
How can we assure ourself peaceful lives? How can we fix everything that we are worried about? Please... Help me... anyone... :(

Here is your 5 point plan (immigration-wise):

1) Provide us with more clear, non-confusing and straightforward facts
2) Some ppl here will be able to give you some advice
3) Make a determination if you can handle case on your own or you need a lawyer
4) Stop being inactive - this does not bring anything to do the table except the frustrations.
5) Take an action and make a decision.
- plan out steps you need to take to adjust his status
- go visit lawyer (if you need)
- maybe even move wedding sooner?
- prepare documents etc.

But, I suspect there is much more important question that is bothering you: if he is the right one? Well, you will have to figure that out for yourself.

In my part of the world, folks tend to say: "When you going through good times you tend to have 1,000 so-called friends, but when you are in the times of trouble you tend to be left with only a real friends".
I belive that challenge can strengthen your relationship only if it is true and sincere. Nothing to be scared of....

Take care... Keep your head up.

P.S.: I'm not a lawyer. I'm not an immigration expert. I'm just an ordinary guy and your are soley responsible for your actions.
 
Last edited by a moderator:
Answers to questions...

Did his parents have a green card? Or some other visa? How come that they lost their status (if at all)? If his parents were legally here for a long time and had their green card (I guess same thing goes for your "fiancee to be"), they could already get their citizenship. Do not know, but it sounds more like they were illegally to begin with. But, please shed some light here.

>>His parents come here with a work visa. They do not have a green card. They came to america and owned a business. But it didnt last long because there wasnt enough income. They work for some business now that delivers medication to nurseing homes. But... Im not sure how they came of that job.

This does not make any sense. You can get driver's licence in most states like in 2-3 hrs or even less time for a marginal fee. What he was waiting for?
Was he ever entitled a right to have driver's licence to begin with? In most states, you can get driver's licence only if you are legal immigrant.

>>When he came to America he did not have any interest in a drivers licence, nor did he know anyone and told himself there was no reason for it. We met and started dating when he was 18. By that time. The visa he had come here on with his parents had expired, and they couldnt renew it because they no longer had that business. And he had not gotten the licence. He is now 19, and cant get it.

What type of visa? Tourist? Did he entered country legally the first time?
You are changing your opinion on this. Please focus and tell us the facts.

>>Yes. He came legally. It was a work permit. For his parents to own and run a business in America. I forget the name It was an " I- __" something.

>>I know he is the one. And true love isnt always easy, but we will get though this hardtime together. Thank you so very very much much for trying to help me. Sorry I wasnt very informative the first time... Im just upset.
 
Brittany said:
Did his parents have a green card? Or some other visa? How come that they lost their status (if at all)? If his parents were legally here for a long time and had their green card (I guess same thing goes for your "fiancee to be"), they could already get their citizenship. Do not know, but it sounds more like they were illegally to begin with. But, please shed some light here.

>>His parents come here with a work visa. They do not have a green card. They came to america and owned a business. But it didnt last long because there wasnt enough income. They work for some business now that delivers medication to nurseing homes. But... Im not sure how they came of that job.

This does not make any sense. You can get driver's licence in most states like in 2-3 hrs or even less time for a marginal fee. What he was waiting for?
Was he ever entitled a right to have driver's licence to begin with? In most states, you can get driver's licence only if you are legal immigrant.

>>When he came to America he did not have any interest in a drivers licence, nor did he know anyone and told himself there was no reason for it. We met and started dating when he was 18. By that time. The visa he had come here on with his parents had expired, and they couldnt renew it because they no longer had that business. And he had not gotten the licence. He is now 19, and cant get it.

What type of visa? Tourist? Did he entered country legally the first time?
You are changing your opinion on this. Please focus and tell us the facts.

>>Yes. He came legally. It was a work permit. For his parents to own and run a business in America. I forget the name It was an " I- __" something.

>>I know he is the one. And true love isnt always easy, but we will get though this hardtime together. Thank you so very very much much for trying to help me. Sorry I wasnt very informative the first time... Im just upset.
 
My bet is the parents had an E-2 investor visa. These are not convertible to GC, and the holder is expected to leave the country as soon as the business ends. Further, an E-2 issued to a child does not qualify for employment authorization. So... that seems to put him in a tricky spot.

You can marry and sponsor I-130/I-485 for permanent residency, but it will take time, and during that period I suspect he will need to leave the country as he currently has no valid visa.

Alternatively, he could leave the country now, and you could sponsor for K-1 fiance visa, which would allow you to bring him into the country legally more quickly than the I-130/I-485 route.

Either way, I'm not sure what impact overstaying his previous visa will have on possibility for getting K-1 or I-130/I-485, so you really should consult an immigration attorney.

good luck
 
Thank you

Thank you to everyone who has posted, I have been to many forums and this is the first one I got replys on... I couldnt be more thankful.
Your advice has helped me alot.
 
yeah,like the others have said..u shouldnt have a problem at all...but please make it a point that he files for taxes on time....trust me it might sound like a small thing but they make a lot of difference when some one applies for a 485 or I-130...also if he is under 25 make sure he registers for sss...while u apply for his I-130.
 
First advice would be "calm down"

I understand you're being upset and it seems to be like a huge wall infront of you. But there's hope since true love will always succeed at the end.

Second advice would be "educate yourself"

You don't need an immigration lawyer per se, even though your case seems to be tricky at first sight. But even if you guys end up consulting a lawyer you should always be aware of what he/she's doing while working on your case and in your name. How else would you know if this lawyer knows what he is doing. I don't want to scare you but we've seen people and cases here where bad lawyers made it even worse with wrong counselation, bad advice, late filing, early billing ...

Third advice "trust your own judgement"

Go and read in the appropriate forum for your case, which would be "Family Based Greencard - Through Marriage or Relative" here's the link
http://boards.immigration.com/forumdisplay.php?f=39
Read and learn. Follow links. Read and learn more. Follow links and read even more. Sooner or later you'll know what's going on in the strange & scary world of immigrations and it's not that scary anymore

Fourth advice "learn how to participate in a forum like this"

Ask simple questions. One fact at a time. Provide background information. Post simple sentences. Make sure you know your own facts.

Learn who the gurus of the forums are. Learn who you can trust but always check informations given by non-professionals (once you followed steps 1 to 3 you already became an expert yourself )

Fifth advice "learn how to read the USCIS informations and follow them"

Here's your most important link for the next couple of weeks if not months
http://www.uscis.gov/graphics/services/residency/family.htm
Immigration through a family member, you being the petitioning US Citizen for her husband, who files for AOS (Adjustment of Status) I-485 concurrently assuming you're going to marry that dude soon.

Sixth advice "get your soon-to-be husband involved in the research and the entire process"

Team up with him. Don't fight. Work together on this project and you guys end up even stronger. Don't do all the work for him. Let him be part of it. I detect a lack of self esteem on his part right now because he is in this situation. Help him out of that by involving him. You guys will be proud of yourself and what you accomplish. You can make it happen

Seventh and last (for now) advice "BELIEVE"

I do believe USCIS has a heart for real lovers. Your fiance didn't do anyhting wrong intentionally. They'll help you back on the right and legal track in the moment they're convinced your marriage is in good faith and not just to circumvent the immigration laws.

Best of luck
 
Wow.

Thank you guys so much for all the great websites!
I have learned alot, in only one day.
More then I thought I could.
I think Im starting to calm down inside.
Thanks again.
 
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