Out of status

[se_lang]

Hey all

I have a friend at work here from Cambodia she is seeing a guy also from Cambodia he is 2 months out of status his visa was for religious services he has been here for 2 years how long will it be until he is banned from US for being out of status she is thinking about marriage but she has just got a divorce and has to wait 3-4 months now I have told her the best thing to do is have him return to Cambodia and go through a K1/K3 visa process but as we all know this is no fun. so any info I can pass along to her would be great.

[Dave G.]

Hey all

I have a friend at work here from Cambodia she is seeing a guy also from Cambodia he is 2 months out of status his visa was for religious services he has been here for 2 years how long will it be until he is banned from US for being out of status she is thinking about marriage  but she has just got a divorce and has to wait 3-4 months now I have told her the best thing to do is have him return to Cambodia and go through a K1/K3 visa process but as we all know this is no fun. so any info I can pass along to her would be great.

Se_Lang

 

I've read many, many postings here on CFL. Many times, I've taken the high road on such issues. Normally, my thought would have been the same as yours. Go home, file the papers, and wait your turn.

 

Not anymore! It's clear we've cared more about the fairness of our system more than the system does itself. It's been six weeks since filing our AOS and we've heard nothing...and the local office is only 12 miles away! Currently, it would appear JM and her son are out of status. That really bugs me for some reason. But, that's they way it is.

 

My advice? Have them get married. Hell...if the homosexuals can counter the the laws of the States, then let the "out of status" folks do the same. Assuming one of the two is a US citizen or perm resident, they'll have cause to apply for the AOS. Already being on US soil and with the marriage certificate is a powerful tool against the system. Let them live and be happy and avoid all the crap we've put up with.

[se_lang]

My advice?  Have them get married.  Hell...if the homosexuals can counter the the laws of the States, then let the "out of status" folks do the same.  Assuming one of the two is a US citizen or perm resident, they'll have cause to apply for the AOS.  Already being on US soil and with the marriage certificate is a powerful tool against the system.  Let them live and be happy and avoid all the crap we've put up with.

if he was in status I would say the same thing but being out of status and she cant legally marry for 3-4 months I think he will be beyond the time limit and be banned, What is the time limit anyway?

[Dave G.]

My advice?  Have them get married.  Hell...if the homosexuals can counter the the laws of the States, then let the "out of status" folks do the same.  Assuming one of the two is a US citizen or perm resident, they'll have cause to apply for the AOS.  Already being on US soil and with the marriage certificate is a powerful tool against the system.  Let them live and be happy and avoid all the crap we've put up with.

if he was in status I would say the same thing but being out of status and she cant legally marry for 3-4 months I think he will be beyond the time limit and be banned, What is the time limit anyway?

Remember....

 

Marriage is a State's rights issue (for now, anyway). Immigration matters are exclusively a federal issue. If he has a valid State ID, SSN, and/or birth certificate, he can marry. Once they present the marriage cert and the I-130 from his new wife, things get tricky for the feds. It's a dirty trick, but don't we see all them Mexicans playing games and getting away with it? Why can't a Cambodian couple????

[keelec]

I would have to agree with others.... Look for alternatives in the USA before returning to Cambodia.

 

If they file for a K3 or a V3 visa, he could easily be stuck in Cambodia for over a year, perhaps 2 years before returning here.

 

Is it possible to file for an extension of his visa? Do not mention anything about the new love in the application for an extension.

 

Definately push through her paperwork as fast as possible. If he applies for an extension and it gets denied, things could get messy very quickly. However, I believe it still takes a few months to deport a person so he would have to be ready with the next visa application as a spouse.

 

Talk to a good immigration lawyer.

 

The lawyers don't help with "routine" cases, but may be helpful in the more complicated cases, and they should be familiar with the laws and amnesty programs.

 

----- Clifford -----

[Patrick & Li]

Only a US citizen can file a K3. I think that is correct!

[se_lang]

I would have to agree with others....  Look for alternatives in the USA before returning to Cambodia.

 

If they file for a K3 or a V3 visa, he could easily be stuck in Cambodia for over a year, perhaps 2 years before returning here.

 

Is it possible to file for an extension of his visa?  Do not mention anything about the new love in the application for an extension.

 

Definately push through her paperwork as fast as possible.  If he applies for an extension and it gets denied, things could get messy very quickly.  However, I believe it still takes a few months to deport a person so he would have to be ready with the next visa application as a spouse.

 

Talk to a good immigration lawyer. 

 

The lawyers don't help with "routine" cases, but may be helpful in the more complicated cases, and they should be familiar with the laws and amnesty programs.

 

----- Clifford -----

He has already extended 2 times and can not extend anymore she is a USC now she came to US 20 years ago as a child, I think she is talking to a lawyer Thursday but told her to wait an see what info come up here so far it seems the plan is Las Vegas as a last resort

[Dave G.]

He doesn't need a visa...he's already here. That makes the K-3 process mute. All is needed is a marriage certificate, the I-130, I-485, etc. I don't suggest ANY travel out of the states until he has residency in hand. He'll never come back.

[se_lang]

He doesn't need a visa...he's already here.  That makes the K-3 process mute.  All is needed is a marriage certificate, the I-130, I-485, etc.  I don't suggest ANY travel out of the states until he has residency in hand.  He'll never come back.

ok, She will need to show the minimum income also right?

[warpedbored]

One thing Im missing here. you did say she is from Cambodia right? Is she a naturalized citizen or a permanant resisident alien? If she is an alien she cant use the K visa process.

[Dave G.]

He doesn't need a visa...he's already here.  That makes the K-3 process mute.  All is needed is a marriage certificate, the I-130, I-485, etc.  I don't suggest ANY travel out of the states until he has residency in hand.  He'll never come back.

ok, She will need to show the minimum income also right?

Yup...everything. I-846, Background info....everything.

[keelec]

One thing Im missing here. you did say she is from Cambodia right? Is she a naturalized citizen or  a permanant resisident alien?  If she is an alien she cant use the K visa process.

Apparently she was naturalized and is a US Citizen (see above).

 

There is a parallel V1-V4 visa system for perminent aliens which is virtually identical the K1-K4 system.

 

It does sound reasonable that the K1-K4 visas are essentially an entry permit to the USA. Since he is already here, they need to apply for other family visas.

 

My vote is to talk to the immigration attorney.

[warpedbored]

One thing Im missing here. you did say she is from Cambodia right? Is she a naturalized citizen or  a permanant resisident alien?  If she is an alien she cant use the K visa process.

Apparently she was naturalized and is a US Citizen (see above).

 

There is a parallel V1-V4 visa system for perminent aliens which is virtually identical the K1-K4 system.

 

It does sound reasonable that the K1-K4 visas are essentially an entry permit to the USA. Since he is already here, they need to apply for other family visas.

 

My vote is to talk to the immigration attorney.

I think that one got posted while I was writing my reply...... or maybe a senior moment lol.

[tywy_99]

Only a US citizen can file a K3. I think that is correct!

TRUE......The alien must be married to a U.S. citizen who has filed an I-130 petition for an immigrant visa (CR1/IR1) on behalf of the alien prior to petitioning for a K-3 visa.

 

Also there is a ten year bar on visa over-stays at deportation proceedings.

[se_lang]

Only a US citizen can file a K3. I think that is correct!

TRUE......The alien must be married to a U.S. citizen who has filed an I-130 petition for an immigrant visa (CR1/IR1) on behalf of the alien prior to petitioning for a K-3 visa.

 

Also there is a ten year bar on visa over-stays at deportation proceedings.

But is there a grace period he is only 2 months out of staus.