So my GF came down from thailand she got knocked up and now is my wife well she has been here for 3 yrs and now wants to work and get her license. what am I supposed to do? she came on a school visa which expired 2 yrs ago. we have been married for 4 months now.
You might want to call the Thai embacy and talk with them before you contact INS, or call an attorney that deals with immigration issues because they might be able to deport her due to her visia status. Best of luck -- jim:)
i'm pretty sure if you're here on a visa and get married you become a citizen. maybe she has to denounce her citizenship to thailand.
may you explain a lil more. from what I was told by the ins place is for her to get at least a working visa she either needs to go home and try again in a few years or get married to a us citizen
doesn't the child being born here 'grandfather' her in or something ?
i really have no idea, just looking for a loophole :)
Be VERY careful man. The Bush administration/Immigration Services have a xenophobic overtone and they have no problem deporting people that aren't supposed to be here. Be very select who you share this info with. Do lots of research and get lots of info but don't actually tell anyone your wife is here on expired visa. Maybe it's just me, but that's my .02.
"Be VERY careful man. The Bush administration/Immigration Services have a xenophobic overtone and they have no problem deporting people that aren't supposed to be here. Be very select who you share this info with. Do lots of research and get lots of info but don't actually tell anyone your wife is here on expired visa. Maybe it's just me, but that's my .02." X's2 !! That is why I made the reccomendation that I did. I remember hearing in the media people in Connecticut that are in the same situation as you are in, that is marring a someone on an expired visa and the husband was booted out of the U.S. I don't believe if you marry a U.S. citizen you automatically become a citizen of the US. I was going to sponsor a friend from Yugoslavia back in the 90's and it was a big pain in the butt and we didn't go through with it. Again, I would talk with an immigration lawyer first and formost, and remember you will have attorney client protection, something that is not afforded if you speak to other people about this issue. -- Best of luck - Jim :)
Quote from: tussey on October 27, 2008, 08:34:34 PM
Be VERY careful man. The Bush administration/Immigration Services have a xenophobic overtone and they have no problem deporting people that aren't supposed to be here. Be very select who you share this info with. Do lots of research and get lots of info but don't actually tell anyone your wife is here on expired visa. Maybe it's just me, but that's my .02.
bush admin, clinton admin, and countless others
The child is an american citizen, the mother is deportable especially since you live here, get an immigration attorney.
Speak to an INS agent but make damn sure you understand everything they are saying and you're reading. I'll leave the politics out of this good luck.
Now if you are/were a soldier serving overseas when you married her I think the laws are different.
Shame on you Tussey, brothers looking for help and you want to make it anothe debate thread
agreed get an immigration atty. afaik the child can do the anchor thing, essentiqally the mom can get in. however i do NOT know the ins, nor the outs of doing so. but an immigration atty does. get one YESTERDAY
Your biggest hurdle is going to be lawful permanent residence, since she has been in the US illegally. Have you filed joint tax returns etc?
http://www.nadinebrownpa.com/reference/CitizenInANutshell.pdf
You have a tough row to hoe if she is in the country illegally good luck.
I hear thailand is pretty cool got some ex pat's and british citizens abroad on some other forums I talk too, so you have to move to thailand for a little while while she gets a green card, enjoy it have fun.
First, I have to let it be known that I have VERY strong feelings about this. But, you're asking for help and not opinions.
From my understanding, everything BP has said is correct. The kid is a perfectly legal citizen, but she could be kicked the hell out of the country tomorrow.
At this point an Immigration Attorney is not only your best bet, but most likely the only viable option short of moving to Thailand for a few years. DO NOT try to take care of this on your own!
Good Luck
I think your going to run into 2 issues, they haven't been married for 3 years and her violation of immigration laws and failure to establish legal permanent residency.
Since she is a Thai citizen still one advantage for the child would be the ability to establish dual citizenship.
Really get your passports and live abroad since she is a minor child bith parents have to fill out the paperwork, see some of the world. Everyone says they'll travel when they get older, they get older and don't enjoy it like they would have when they were young.
Look at it like this she gets a free plane ride to thailand, maybe the baby too. So potentially all it costs is your air fare.
I really am trying to show a positive side to this and not be an ass.
Later in life if your child want's to see egypt or heaven forbid visit cuba having a Thai citizenship and passport makes life esay for them. Cuba has some gourgeous countryside and could be a tourism mecca if the current regime would pull itself out of the communist 50's and our state department would quit being dicks about the potential enrichment of a communist nation.
I am pretty sure that once you marry an American citizen you become one yourself. I don't know the hurdles that you have to jump to prove it but i know for a fact my sister married and illegal Mexican immigrant, working on a fake SS card no less, and he is now a citizen, doesn't make him any less a piece of s*!t though.
edit: an immigration lawyer is never a bad idea though cause that's their job.
edited again: cause shaZam! isn't the same and s*%t, he really is one.
If you are a US citizen, you can marry her no problems. The child is a US citizen.
You need to talk to an attorney who deals specifically with immigration cases.
If she was out of status (OPT or otherwise) when you married her you should be okay, you can then apply for the green card.
She should have an SSN as she came in as a student. Mind you the paperwork will take a long time.
if you dont have an attorney check www.lawyers.com (i have no affiliation but i see their ad's on tv, and then check other places too). You need an attorney.
well.. first things first...
I need a pic of the wifey. :D
marriage does not automatically guarantee citizenship...I'm sorry.
How did you legally get married without producing your respective birth certificates??......or is the system different over there?
you do not need proof of citizenship to get married. you may marry anyone you choose no matter what the country of origin.
Quote from: frankieG on November 01, 2008, 04:43:41 AM
marriage does not automatically guarantee citizenship...I'm sorry.
yup a friend of mine ( us citizen) married a canadian. her with the intent to be an american, AND a canadian, he with same intentions, she got her wish. he did not
that is not to say it cannot be done...i just said it is not automatically done. anyone can pretty much become a citizen in any country with the right amount of time, money and perseverance.
Marrying a foreigner only guarantees the foreigner access to be IN the US... not to become a citizen.
SO we talked to a gal at the ins office and they said we need to pay 2k to get her a green card which will allow her to stay for 3yrs legally and work full time then after that she can apply for citizen ship. as far as being deported thats a no go getting married saves her from that. so thanks all we will get getting a lwayer tp do all tghe papwer work and stuff. sorry for the typos the meds are kicking in as i type.
good for the both of you ...i am happy to hear that things are working out.
Quote from: frankieG on November 03, 2008, 08:42:40 AM
good for the both of you ...i am happy to hear that things are working out.
+1 :thumb: