| Username |
Post |
| Dillemma |
Posted
on 25-Feb-02 10:55 AM
I have been out of status for quite a while now. I have a Nepali wife, we married here in the US, she came here on F1 and then now is on the process of Green Card (currently H1). I desperately need to go back home to visit my family. If I go, will I be able to come back to the US on a H2 visa? Since I have been out of status for more than 8 years, will I be thrown the 10 year NO Entry ?
I am in such a dilemma, I don't want my wife to loose her wonderful job, yet I must go back home to see my distressed family.
Some good suggestions will help.
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| sallaha |
Posted
on 25-Feb-02 12:30 PM
dilemma!
tapaiko dodhar thekkai ho, you have been out of status for long enough to have plentiful reasons for the visa denail. But at the same time, your wife is on H1 and you seek H4 on behalf of her visa status which is not irelevant. Even If you desperately want to go back to Nepal, do not take chance, you can wait for another few months/year until her GC is approved. By going to Nepal, you are only puting yourself into trouble unless you do not want to come back. Have patience for a while. Going to canada will be another option for visa but I do not know that she may have trouble because of you. This is sad but true.
Ek cheen dhairya leeyekkai ramro haina ra ? ki kaso?
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| krishna |
Posted
on 26-Feb-02 01:57 PM
If you are "out of status," then how are you residing legally in the US? My understanding is that you will need to have your status adjusted, which means you will have to wait a long time and pay an immigration attorney a lot of money. I am sorry you are facing such a dilemma and encourage you to resolve it in an upstanding manner. Good luck.
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| travel document |
Posted
on 26-Feb-02 02:10 PM
you didn't mention what stage she is in regarding green card processing (labor approval, immigration approval - I-140, status adjustmnet I-485). If you are close to file for I-485, wait and apply for travel documents which will let you travel.
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| another dilemma |
Posted
on 26-Feb-02 02:56 PM
Hi Dilemma,
I am a great Dilemma, did you understand me?
Since you have been living with out of status in US that makes you a big problem even your wife gets a green card. You can hardly establish your atatus with your wife's green card.
Once she becomes a Naturalized citizen of the US, then you will be able to adjust your status at her will.
GOOD LUCK.....DUDE
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| travel |
Posted
on 26-Feb-02 03:16 PM
great Dilemma wrote:
>Hi Dilemma,
>
>I am a great Dilemma, did you understand me?
>
>Since you have been living with out of
>status in US that makes you a big problem
>even your wife gets a green card. You can
>hardly establish your atatus with your wife'
>s green card.
>
>Once she becomes a Naturalized citizen of
>the US, then you will be able to adjust your
>status at her will.
>
>GOOD LUCK.....DUDE
If your name is added as spouse when she files I-140 or I-485, you will get your green card at the same time as your wife if you remain in the US. However, you may have to pay a penalty of 1000 or 1100 US $. This is a tough decision to call, so consult with a lawyer...
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| Puru123 |
Posted
on 26-Feb-02 04:19 PM
travel is correct. Just to clarify one thing though. Dillemma will HAVE TO(not just may) pay $1000( as part of s245i law) if his wife files 485 for him with the proof that he was here in US when 245i was enacted on Dec 21st, 2000. Dillemma says he is here since 8 years so there is no problem. Once 485 files, you will not have any problem as long as you are inside the US but if you leave US you will be bar to enter USA for 10 years.
Dilemma, consulate a good lawyer before you decide anything regarding INS issues. INS laws are changing as we speak, who knows there may be way you can travel since you mentioned your wife is on process to get green card.
Good Luck.
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