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furke
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Posted on 12-09-10 1:59
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Guys, I desperately need your help.
I am an H-1 in the United States. I want to marry a Nepali girl, found that she is out of status F1 for more than two years. Can she get some legal status after I marry her?
Please suggest ideas.
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inception
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Posted on 12-10-10 12:53
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for high level answer simply ask in yahoo answer!! they do help sometime
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nyshangal
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Posted on 12-10-10 3:15
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i know one of my friends, he is a green card holder but his wife was out of status when he married her, right now they are processing for her green card, so the bottom line is i don't think it is impossible for her to get back to status but I guess it does take a long time,,, you need a good lawyer ..
good luck
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furke
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Posted on 12-10-10 3:19
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Thanks nysangal, I have hope too.
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bhiringi
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Posted on 12-10-10 7:38
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The only way for her to get in legal status is to marry a us citizen. She can apply for reinstatement but it will be rejected and she will face deportation. Good luck
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furke
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Posted on 12-11-10 12:37
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Thanks bhiringi. I want to award you a penicillin for your suggestion. Please accept; jk Khai k garne garne saathi Ho, I am so depressed. I think I have to write a letter to santa now. :-s
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G_n_R
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Posted on 12-11-10 11:12
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Don't lose hope yet brother!! try http://www.trackitt.com/ ! you can ask immigration lawyers online there for $15.00 or become a memeber !! you have to spend some to get some!! kno wat I mean broda!!
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meek__misfit
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Posted on 12-11-10 11:20
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... and gives birth to a US citizen.
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bhiringi
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Posted on 12-11-10 8:56
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Well, that was my 2 cents and guess you didn't like the idea. She can try for being your dependent , but since she has violated her visa status, chances of being that approved is very unlikely. No pun intended but giving birth to a US citizen won't help either. She might be able to stay here but if she leaves USA she won't ever be able to come back. The kid has to be 18 before they can file for citizenship based on the fact that she is their immediate relative . And penicillin for my infection, that is very thoughtful.
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furke
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Posted on 12-12-10 1:01
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Bhiringi, I am thankful that you replied and gave some suggestions. I liked it but not applicable in my case. I want to marry her and obviously I am not a citizen. So, it doesn't apply to me. What if I get a green card? Can she get some legal status by marrying me after I possess a green card?
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bhiringi
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Posted on 12-12-10 11:26
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Okay , not trying to disappoint you but since she's been out of status for almost 2 years she can't apply for any other visas while staying in the USA. Even in she wants to get her F1 status back she won't be able to do it because out of status students are required to apply for reinstatement within 6 months. So at this point of time she will not get her student status back. So that means she will be out of status and she is illegal/here illegally. If she is caught and deported she will have a 10 years ban on entering the USA. But since her entry was verified by a Immigration authority ie port of entry, and she has a D/S(duration of stay, valid till her stay) on her I-94 she can adjust her status through marriage (only marriage, that's the only way ) with a US citizen as immediate relative. But if you marry her right now (I am not saying not to ) she has to live in the shadows, and wait until you get your citizenship. Any other applications you submit on her behalf to the immigration would make her deportable, and she would be served a 60 days notice to leave the country and if she don't she would be committing a crime (immigration violation is not a crime, but only a civil violation but when the USCIS serves you a notice; it would be a federal crime). She can't file for asylum because she has exceeded the 1 year time limit, but she can apply for withholding of deportation based on convention of torture which she would be granted. But the problem with withholding of deportation is, you will be given a SS number, EAD (which has to be renewed every year) and you can't travel outside USA. If you do, that would serve as a voluntary departure (because she is out of status you are deportable). Also if you are granted withholding of deportation, you will never be able to adjust your status (as per the current law). So if you love this girl and you wanna marry her, then you can go ahead and do that in your county court, but she has to lay low and wait until you get your citizenship. If this your true love let these things not bother you ....Good luck
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kalopani
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Posted on 12-13-10 2:04
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blah blah bhal blabhhhh look at these all wanna be lawyers. i know like 20 Nepali people who have filed asylum after being in usa for 4 years..
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furke
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Posted on 12-13-10 2:05
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Thanks a lot bhiringi. You know, ahile Nepal ma basne situation pani chhaina. Bihe pani garnu chha tyo pani Nepal ma, keti pani malai tehi chahiyo, America farkina pani mann chha, America ko law tyasto rahechha, aba k garne hola. Koi saathi army join gar vanchhan, jui jyan pani chhaina, army ma contract hune hola, feri malai yo hatya himsa garera paap kamaunu pani chhaina. Aba yeso Canada wa Australia tira ko sochnu parla, ki k vannu hunchha tapai mitra?
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kaji sahab
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Posted on 12-13-10 2:39
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ANA ko toll free number chha ni free legal consultation ko lagi, have you tried that? it was posted some days agon here in sajha.
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Riten
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Posted on 12-13-10 3:18
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Here's my suggestion. Not being a lawyer (nor a wannabe lawyer as Kalopani mentioned), please verify with someone who really knows what he is talking about.
How about this: - You start your GC process.
- Put her name as your spouse although you two are not married yet.
- Continue the application process as a married couple.
- When the time comes for interview ( I understand this is one of the steps towards the end of the GC process), have her go to Nepal and get a new passport. I don't think any record is kept on when one leaves the country. So she could very well have returned to Nepal before she became out-of-status (I hate the word illegal, she did no illegal stuff so she ain't illegal). Since now she has a new passport, there is no Nepali Immigration's re-entry stamp either.
- Acquire a marriage certificate that is retroactively dated (as listed in your GC application).
- Go to the interview together as a couple.
- Come back to the USofA as a brand new husband and wife.
This might be a loophole that you can benefit from. Just to be clear, I am not recommending you do anything illegal. But if there is a way that satisfies all parties, as this might turn out to be, heck, why not. Obviously you love her and she loves you, I presume. And as that corny cliche goes, "Give Love all the Chance it needs."
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furke
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Posted on 12-13-10 7:43
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Thanks a lot riten ji. Got your point.
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bhiringi
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Posted on 12-13-10 10:07
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LOL not trying to be a lawyer. But what riten says is very unlikely and impossible :
1. She's gonna have to change her biometrics. Remember they took your fingerprints in the embassy and the port of entry. Don't think you can get away with that , unless you alter your fingerprints. 2. If she changes her passport, then she has to change her name too....but as soon as the name is put on the database by immigration; its gonna pop up. And don't think that USCIS can't find your departure record even if you don't submit your I94 on your departure. There is a law called Patriot act, under which USCIS, Department of Homeland security, and TSA share a common database that tracks the booking and purchasing and boarding of an airline/airline tickets. It is just couple of Kb's of data they need to. 3. How can a out of status person can marry a permanent resident to get back on status. (to change status one has to be in some sort of valid status which she don't at this point of time)
Just my couple of cents. BTW I go to law school!
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Riten
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Posted on 12-14-10 7:56
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As I said, do verify with someone who really knows what he is talking about.
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simon11
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Posted on 12-14-10 8:11
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I don't mean to scare you, but it is a complicated situation not impossible though. Everything is possible in the US as long as you have a good lawyer and a good luck. With that said, my friend, if you just apply to reinstate your fiance's Visa status without the preparation, chances are she may have to go back to her home country until her Visa get's granted. And yet, there is no guaranty that whether it will get granted or not. Easiest way to get a green card in this situation is, marry an US citizen...lawyer once told me...you know what to do next. Good luck.
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simon11
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Posted on 12-14-10 8:17
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Bhiring is 100% right in this matter. Marrying an US citizen is the only way out. If you have been living in the US long enough I am sure you know the side ways...but just be very careful. A lots of people have done that.
Last edited: 14-Dec-10 08:18 AM
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Khumbule
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Posted on 12-14-10 10:14
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I have a doubt on Ritenji's suggestion. "I don't think any record is kept on when one leaves the country."-- When somebody leaves the country the immigration personnel detach your I-94 from your passport and keep it with them. Isn't that good enough to track the record? Didn't like the idea, but I still suggest try with caution. Good Luck.
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