Legal Question in Immigration Law in California

marriage between 2 illegals

I came in to the US with a tourist visa and married my us citizen husband, applied and received the I-130 form and never heard back from INS. 8 yrs later with no social security card, no california id and my husband and i are seperated with a child(born here). I have no proper documents to go out a get a job. My bofriend is canadian and is also here illegally but works and pay his taxes with a tax id card. The question is this ..we plan to get married but how do we go about doing it? My husband is more that willing to sponsor me in getting my paperworks then turn around and get a divorce. Can this be done and how do we go about with this..is there any hope for us in this?


Asked on 3/27/03, 2:15 pm

3 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: marriage between 2 illegals

I-130 should have been approved long time ago. You need to do a FOIA request to see what has happened to your fiel and proceed acoordingly. Afetr you get you paper work straightened out you should get married and apply for your boyfriend. He can try Labor certification as well.Since..your boyfriend is here illegaly...and 245 (i) is not available now...he has to go back to Canada to get adjusted unless 245 (i) becomes avilable again. Please take a look at my site...www.lawyers.com/amyghosh

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Answered on 3/27/03, 10:35 pm
Larry L. Doan Law Office of Larry L. Doan

Re: marriage between 2 illegals

If I understand your stated facts correctly, there's nothing odd about this case. The I-130 was only the first step in the process for you to get permanent residency. When it was approved, the INS sent an approval notice (which your husband might or might not have received) but it was up to you guys to file the next step, an adjustment of status application. If you guys didn't do that, then nothing happens and you'll never get your green card.

The good news is that if your husband is willing to cooperate, we can file adjustment of status for you now. Plus, since your I-130 was filed so long ago, you'll benefit from the 245i law.

Call me for a consultation and rates.

Liem Doan, Esq.

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Answered on 3/28/03, 1:15 pm
Gabriel Jack Muston & Jack P.C.

Re: marriage between 2 illegals

Very odd circumstances, but I can probably straighten it out for you. Feel free to call my office to set up a consultation. 408.293.2026

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Answered on 3/27/03, 2:48 pm


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