will my spouse have to leave the country to file a petition for a green card?
2007-12-22 03:38:35 · 30 answers · asked by asker 1 in Politics & Government ➔ Immigration
I know before our Gov. made changes, it was known for illegal alliens to marry a US. citizens so they can stay in the USA. Since immigration cracked down, my suggestion is go to your county courthouse or your states courthouse and find out what needs to be done since she's been married to you for 12 yrs here in the US. Depending on the laws back then they might make her just fill out forms I cant not say if they will send her back, however with 3 kids I cant see them taking her away from them either just for a green card. As i said laws were different back then to what they are now. You can type in your local gov. web addy to and go right to the gov. site and look there for what answers you need to and perhaps email them explaining the situation. Im sure you will be asked for proof of marriage so have your certificate of marriage liscence ready.
2007-12-22 03:52:06 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Why didn't you think about this event 12 years ago?
Funny – if you had applied for a “green card” right after marriage, the odds are that INS would have let him stay.
By waiting all this time - because you were disinterested, or just too cheap to go to a lawyer, now you have a real problem.
Yes, there's a great possibility that Dufus (who is as responsible for this as you are) may have to leave, and re-apply from his home country.
Two things:
A. If he does NOT leave (if required), and he gets caught, they will show no mercy and he may be disabled from coming in ever. (But YOU can always go live with him!)
B. You better hope and pray he has no convictions or history that will disqualify him from getting a “green card”.
Don't get all upset by the replies here. This is a classic case of people, disrespecting the law because it is 'convenient" to do so, then crying when they get caught up. You knew something like this would happen one day - stop begging for free advice (ah, what a wonderful word - "free", and used so much in the USA) - go spend some money for proper legal assistance.
Or do nothing and see what happens.
2007-12-22 04:21:25 · answer #2 · answered by geeksball 4 · 3⤊ 0⤋
Honest answer so please take no offense.
You have a really big problem. 12 years and 3 children is way too long. Even if he left when they do the interviews they may request the childrens birth certificates and put it all together. They will ask for your marriage certificate as well. They may deport or say married or not the spouse cannot apply again for 10 years. Waivers can be had but it will take years and a whole lot of money.
But all in all yes..... the spouse needs to return and then start the process. Things can be done but an attorney is the way to start.
2007-12-22 05:46:54 · answer #3 · answered by jackson 7 · 2⤊ 0⤋
I just spoke to a lawyer regarding a similar situation, this is basically what he said, if your spouse leaves the country voluntarily then he/she would have a "ten year bar" on them because they have illegally been in the country for too long, the only way out of this (maybe) is if one of your children has a serious medical condition and if they were deported it would cause extreme hardship on the family. If this is not the case then they would not be let back into the country for ten years. First step would be to call a lawyer, it's confidential and initial consultation is free. Good luck to you!
2007-12-22 14:00:11 · answer #4 · answered by whompin4me 1 · 1⤊ 0⤋
I would say that you can probably petition them from inside USA. Especially since you have been married for such a long time....Or maybe not, since the other answers say no you waited too long.
I agree - why did you not petition your spouse right after you were married?
2007-12-23 16:31:37 · answer #5 · answered by Anonymous · 1⤊ 0⤋
The children are citizens if they were born in the US. Your spouse needs to hire a lawyer to help them through the process of becoming legal. There are are no guarantees that they will not be deported but you do need to face the music and start working to make things right. There will be fewer options and less sympathy if they get caught.
2007-12-22 03:49:04 · answer #6 · answered by Diane M 7 · 5⤊ 2⤋
It depends on so many things, has your spouse ever ever applied for legal status. ALSO why in the world did you not apply in 19999 or 2000 or 2001 when, Illegals didn't have to leave because of the 245i, only pay a fine, you missed that golden opportunity. You've been married for 12 years, procrastination. You think it might off been easier then, before 911. I don't feel sorry for you, because you've had the perfect opportunity, and you missed it, to bad. The best thing to do is talk to an attorney, maybe they can help you out.
2007-12-22 03:47:06 · answer #7 · answered by carlos l 1 · 5⤊ 4⤋
You should consult with an immigration Lawyer. 12 yrs. is a long time to wait before addressing these types of issues. There are legal ways of going about this prior to commiting yourself to marriage. There will be consequences to pay I'm sure, what they may be I can't say. Hope you find a good and legal solution.
2007-12-22 04:03:04 · answer #8 · answered by David T 3 · 3⤊ 1⤋
Your spouse needs to get the hell back from where he/she came! Reenter this country just as all LEGAL immigrants have done!
What makes you and your spouse think that you are better than the millions of legal immingrants who have gone through the correct lawful porcesses to be here!
AJ ...There is NEVER ANY GOOD REASON for being in this country illegally!
2007-12-22 03:48:56 · answer #9 · answered by Anonymous · 10⤊ 1⤋
if you didn't file BEFORE April of 2001, the spouse must leave for ten years to be eligible
2007-12-22 09:24:28 · answer #10 · answered by liquidhydrogen 2 · 2⤊ 0⤋