QUESTION

Should I remarry to avoid charges from overstaying?

Asked on Nov 23rd, 2013 on Immigration - Washington
More details to this question:
My mom petitioned for me and my kids in 2008, I came to the US same year without my kids and I am still here, I've overstayed, what are my options? The case lawyer said I should get married, I did but now divorced because it was not working out, he said my only recourse is to remarry, Is it really so?
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3 ANSWERS

If you don't want to get remarried to a US citizen, which would make you eligible for adjustment of status, your other option is to wait for the priority date to become current and return to your home country for the visa interview at the US consulate. However, since you overstayed you will be required to apply for a waiver on form I-601 and establish extreme hardship to your mother if the waiver application was not approved in order to return to the US. You will need to remain outside of the US until the waiver has been approved. If any of your children turn 18 before the visa interview, they may also need to apply for a waiver.
Answered on Nov 26th, 2013 at 4:59 PM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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Well, your mom's petition should still be pending. It's a long wait, but you can still get your documents eventually from your mom. You should not marry for the wrong reasons; it's called "marriage fraud," which is a serious crime, actually. So whoever advised you to marry in order to get your papers - that is a very wrong advice. If you ever marry, it should be for the right reasons of wanting to build a life together with another person, not for the papers.
Answered on Nov 26th, 2013 at 4:58 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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Without knowing more about your history I can't advise you. You definitely don't want to marry just to obtain legal immigration status as that will be considered fraud.
Answered on Nov 26th, 2013 at 4:58 PM

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