PDA

View Full Version : Voluntarly departure, Married to Us citizen


StayFocus
08-14-2008, 08:53 PM
My family and I came to the United States with a Tourist Visa. I was 12 at the time, in 2001. My family and I, stayed in the United States for about 8 years. In 2008 Immigration Officer came into our house and from there. We went into the Immigration office. To filled out a paper work for deportation. My dad filled for Political Asylum, At the time we hired a lawyer. The lawyer say is a easy case will win it. When I went in to the immigration office for my charges of overstaying. I was 18 at the time. My dad, my sister, my mom and me. We were charged with overstaying our visas and we were facing deportation. The lawyer helped us with filling the paper work. I will call him many times asking for the cases. And he would say if the judge say you get deported we will take it to the 9th court, and we will appeal and just keep appeal until we win. Well time went by, his political asylum paper came and we went in for our pictures and fingerprints to be taken. After that we waited some more about 6 months. And we went to see the judge. The lawyer said that we can either be deported or do voluntarily departure.
My parents accepted voluntarily departure, but I told the lawyer he said we could appeal it. He said well you guys pay me to get you the best deal. And this is the best deal that the judge is offering you. And then I said you told us we could appeal and appeal it in the 9th circuit. He said for that you have to find another lawyer. Inside of me I felt betrayed and lied to. After that we took the deal for voluntarily departure, but I decided to talk to the judge. Tell him that we were sorry about overstaying but thank you to this country and everyone in it. I have learned so many things and I’m glad that we were here. And in the future some day we will able to come back again. He said I could because I wasn’t deport.

During this whole thing I met my wife. We went to the same middle school. I met her at work. She came with my family and stayed here with me in 2008. We got married on July in Lima, Peru. My wife went back to the states because at the Lima office we were advice it would be faster to get our paperwork done, plus I always fear for her safety here in Lima. She was attacked by a crazy guy in front of my house. And since then she doesn’t like going out by herself no more. We went to the police station and they didn’t DO ANYTHING. THEY LET THE OTHER GUY out while we were still there filling out paperwork.
She is in the states, working and going to start going to college. She told me 2 weeks ago that she is pregnant. I’m so happy, I must be there for the birth of my child. I would like to know what paperwork and forms and steps to follow. We have asked in yahoo answers and we didn’t get any good answer. So far I know I have to fill out the forms for my biographical information, but I was thinking they gave me a Alien number when I was in the immigration office in United states because we were facing deportation. Do I have to fill one out again? I was over 18 when I had to leave voluntarily, the embassy told me there is a penalty for being there illegally over 18?. I want to know if I should apply for k3 visa. I don’t have a record with the police, I never had a ticket. What steps should my wife do in the states? Please let me know because time is running on my side. I have about 8 months to go. Please Thank you in advance for any help.

Laura
08-14-2008, 09:38 PM
Welcome!

Well, there is good news - that is that there are lots of people here in a similar situation as yourself. And I'm not sure if you will even need a waiver... how many months were you stay in the U.S. after your 18th birthday? If you were there past 18.5, you will need an I-601 waiver for unlawful presence, which will mean more time in Peru, but if you had less than six months unlawful presence (starts counting on your 18th birthday) you will not need a waiver.

Has your wife filed a petition for you yet? Like an I-130? That is the first step. This process will absolutely take more than 8 months, so you won't be in the U.S. when your child is born :( but you can eventually get back. But you are looking at up to two years, depending on whether you need a waiver for unlawful presence. If you don't need a waiver, you are probably looking at 9-12 months until you get your petition approved, ge an interview, get your visa and come back.

There are two guides in my signature that should help you with an outline of the process.