sponsoring an illegal alien spouse

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fukGC

Registered Users (C)
Can a USC sponsor (through marriage) an illegal alien who is already in the US? I have heard that the answer is yes, but there are people who said no as well. This illegal alien doesn't have a criminal record, came on a tourist visa and overstayed, worked illegal and did not file any taxes what so ever during her 6 years of illegal stay in the US

Won't she be placed in removal proceedings if she ever tried to file a I130 or an I485? - during the removal proceedings, she can then request for cancellation of removal where she would have to meet the exceptional and extremely unusual hardship standard in order to gain the said benefit - is this understanding correct? or is there are any other waivers that are available to her? Obviously, if she cannot adjust her status, she will be forced to return to her own country whereby she will be subjected to the 10 year bar and that the only waiver available then would also be based on the exceptional and extremely unusual hardship standard. Please advise guys.
 
what are u talking about? It dos not matter if you are lgal or illegal, when once u get married to a SUC, yu are elligible to file for GC, basd on marriage to a USC.
 
can you quote me the INA paragraph or subparagraph that confirms your advice? I am not making light of this, I am really confused and would like to know what the law is and if there is any way to get around it.
 
Is your wife an illegal alien?
If she entered with a visa, she can adjust status in the us
If she did not entered with a visa she has to go thru the waiver
 
yep, thats what i meant, the only difference is that for the waiver, there is a penalty fe she has to pay...i'm not sure how much that is currently.
 
why is that? as long as you have the supporting documents, you should be fine, if your marraige is legit, then you should be fine, it might take a little longer than someone who came here legaly but hey... you are married to a USC and with that alone they can't really denny you outright all they can do is delay your application to se e if your marriage is legit and you will eventually get it if you follow al the rules on the application materials.
 
Your wife can stay in the U.S. as long as she entered legally with a visa and was inspected by an Immigration Officer, while her Adjustment of Status application is being processed.

You will have to petition for her by filing Form I-130, Petition for Alien Relative. Your wife will also have to apply to adjust status by submitting Form I-485 and if she intends to work while her application is being processed, file Form I-765, Application for Employment Authorization. All 3 of the forms mentioned should be filed concurrently (at the same time) to the Chicago Lockbox.

Go to www.uscis.gov download and read up on supporting documentation for each form. I will also suggest that you start gathering evidence of your bona-fide marriage now that you are married.
 
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fukGC said:
Can a USC sponsor (through marriage) an illegal alien who is already in the US? I have heard that the answer is yes, but there are people who said no as well. This illegal alien doesn't have a criminal record, came on a tourist visa and overstayed, worked illegal and did not file any taxes what so ever during her 6 years of illegal stay in the US

Won't she be placed in removal proceedings if she ever tried to file a I130 or an I485? - during the removal proceedings, she can then request for cancellation of removal where she would have to meet the exceptional and extremely unusual hardship standard in order to gain the said benefit - is this understanding correct? or is there are any other waivers that are available to her? Obviously, if she cannot adjust her status, she will be forced to return to her own country whereby she will be subjected to the 10 year bar and that the only waiver available then would also be based on the exceptional and extremely unusual hardship standard. Please advise guys.
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Those 2 conditions above, allow the alien to apply for Adjustment of Status (concurrently filing I-130 and I-485). The overstay will be pardoned and so would illegally working (she would have filed taxes under her "fake" name though, if she was using someone else's SSN their employers deduct the federal tax from the paycheck.)

She could be put in removal proceedings but it is not likely.

Having entered legally and marrying an US Citizen are the 2 main requirements for applying AOS. Read the instructions in the forms.
 
The information given by asPapi is correct. Also note that this person MUST NOT LEAVE the US under any circumstance (not even using Advance Parole I-131) since she is subject to a 10 year ban from returning to the US (because of her overstay of more than 1 year).
 
thanks guys and she aint my wife.

I am asking cos I am sort of seeing an illegal alien, and I am thinking about the future once I naturalize.

But why could there be a potential for getting into removal proceedings? (you said that this is possible but unlikely)

godisgoodtome - dude you need to get your facts straight..life ain't that simple
 
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asPapi said:
Your wife can stay in the U.S. as long as she entered legally with a visa and was inspected by an Immigration Officer, while her Adjustment of Status application is being processed.

OK, now I'm totally confused.. On the other thread you said that someone can adjust status even if they entered illegally.
SO which is it? Can they or can't they?
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if a person entered illegally they must go thru a waiver. They have to leave the country for a while, like to Juarez city
 
fukGC said:
thanks guys and she aint my wife.


godisgoodtome - dude you need to get your facts straight..life ain't that simple
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Look, I think you need to get your facts straight... We just told you that she can adjust status if she is married to USC. The overstay is forgiven. You did say that she came on a tourist visa, that means she was inspected. No problem.
 
you are kimchi if you entered the country without inspection - this means that you would need a waiver in order to get a GC via marriage to a USC.

and that waiver would require that the USC spouse or USC children or USC parents suffer exceptional and extremely unusual hardship - the hardship of the illegal alien cannot be considered by itself. this is courtesy of the 1996 IIRIRA act.

however, I am still not 100% sure if the alien overstays - in some cases (and Pretorian is right), USCIS will inform ICE and ICE will place the said alien under removal proceedings.
 
If an alien entered illegally without a visa, as in ran across the desert, the alien may be able to adjust status if he/she meets the conditions set forth under Section 245(i) - Life Act and submitting the I-485 Supplement plus a $1,000 fine in addition to Forms I-130, I-485 and I-765, if applicable.

They must be able to prove that they were physically present in the U.S. on or before December 21, 2001

fukGC said:
however, I am still not 100% sure if the alien overstays - in some cases (and Pretorian is right), USCIS will inform ICE and ICE will place the said alien under removal proceedings.
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Not if you have submitted a complete and valid Adjustment of Status Application
 
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No praetorian is not right, ICE wont deport your bride, unless she has some criminal background. Do not worry. ICE is busy raiding ilegal workers, they wont mess with a usc wife
 
AsPapi but to be benefitiary of 245 the must have a petition (work or family) entered on or before april 30 2001 and also must have been physically present on the US on 12/21/2000
 
papi is talking about sec 245 which got grandfathered to April 2001 I think. so, its useless now, if you don't have anything filed.

Thanks for the debate guys. Now, I need to wait until I complete my naturalization, and only then options will open up for me
 
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