married to a USA citizen but with C1D visa

[allaamar]

What is the name of your state? Florida
My husband and I been married for 3 years, we filed for his papers almost 3 years ago, he received his I-130 approved, but they said that he wasn't going to be able to get his green card in USA because he has an expired C1D visa (crewman), they told him that he needs to go back to his country (Morocco) to get it, but they didn't say for how long, plus he doesn't even has his work permit or ss card. We don't know what to do, we are desperate, Does anybody knows what can we do?

[Melissa569]

Oh my god, I am in the SAME EXACT situation as you!! I live in California. I'm a US citizen, married to a man with a C1D Visa (sigh). Everything seems so impossible!!! Maybe you and I could work together and help each other find information, you know? But what I really want to know is--- If this new immigration bill passes (the guest worker one, I mean) will our husbands be able to pay the 5,000 dollar fees and take part in it? Or will they restrict the program against C1D's... I hope we can be part of it. I would love to talk to an lawyer and find out if there is any hope. God, there are soooo many questions I have! They keep telling us he has to go home, but I don't know for how long, or even if they will let him come back at all! It's all so frightening! Why do they always demand that people go back home to apply??

Doen't it ever cross anyone's mind that immigrants have nothing to live on back home, which is why they came here in the first place? How do they expect immigrants to be able to survive the whole time they ahve to return home? Or for their wives/children back in the USA to pay the bills all alone, while they are gone??? Or for them to earn enough money while they are back home to even be able to PAY an immigration atourney?? Nobody thinks about any of this. I's so rediculous.

[AHA]

Oh my god, I am in the SAME EXACT situation as you!! I live in California. I'm a US citizen, married to a man with a C1D Visa (sigh). Everything seems so impossible!!! Maybe you and I could work together and help each other find information, you know? But what I really want to know is--- If this new immigration bill passes (the guest worker one, I mean) will our husbands be able to pay the 5,000 dollar fees and take part in it? Or will they restrict the program against C1D's... I hope we can be part of it. I would love to talk to an lawyer and find out if there is any hope. God, there are soooo many questions I have! They keep telling us he has to go home, but I don't know for how long, or even if they will let him come back at all! It's all so frightening! Why do they always demand that people go back home to apply??

Doen't it ever cross anyone's mind that immigrants have nothing to live on back home, which is why they came here in the first place? How do they expect immigrants to be able to survive the whole time they ahve to return home? Or for their wives/children back in the USA to pay the bills all alone, while they are gone??? Or for them to earn enough money while they are back home to even be able to PAY an immigration atourney?? Nobody thinks about any of this. I's so rediculous.

It is every foreigner's and USC's, who plans to marry a foreigner, responsibility to research what US immigration laws require, before starting to have kids together. Some visas do not allow foreigners to "move to the US", it's public information and easily retrieved for anyone and everyone. It's an individual choice or neglect for everyone, that is totally up to them. The law is not at fault for foreigners deliberately ignoring it.

edit:
If a USC married to an "illegal" is so strapped for cash, the USC needs to get a job asap to help support his/her own kids. Breaking the law or demanding to have the right to do so, is no excuse.

[evcalyptos]

Why do they always demand that people go back home to apply??

Doen't it ever cross anyone's mind that immigrants have nothing to live on back home, which is why they came here in the first place? How do they expect immigrants to be able to survive the whole time they ahve to return home? Or for their wives/children back in the USA to pay the bills all alone, while they are gone??? Or for them to earn enough money while they are back home to even be able to PAY an immigration atourney?? Nobody thinks about any of this. I's so rediculous.

Melissa, 'they' don't "always demand" the immigrant go home; you had MANY choices for legal immigration and you picked wrong--for the short term benefit?
I really could turn your question around on yourself (and suggest you try it): Didn't it ever cross YOUR mind to investigate what you were doing so you could do it 'right'?
Your result is a direct result of your actions.

The C/D status is *specifically* forbidden from Adjusting Status--he wasn't an Immigrant when he came here, he was a crewman who said he would leave.

I'm sorry I don't know of any other route for you two--your fellas can't adjust status in the US which means they MUST leave. You should not rely on any fantasy bills that are in the media these days---they are not law and the law won't look like what you are reading about today AND nothing in the proposed law would apply to this situation.
You really should both meet with lawyers to go over your specific cases, the amount of accumulated overstay, the posibility of filing a waiver, and particularly for allaamar--get some help on how to best deal with Casablanca.. that Consulate can and will hold you up for ages and flat refuses to deal with some cases.

[Melissa569]

Well in our defense---- I don't think its right to be so harsh on people who simply didn't understand what they were getting into. Everyone does something in their life, without knowing that there was more to it.....

I didn't know it was necessary to research immigration. I GREW UP with the impression that if you marry a US citizen, you can stay. And so did most of the other people I know.

Not every average joe is an expert in immigration law. I was told by several other immigrants who had been through the process, that it was no big deal, the paperwork was easy to do, and that if two people are married, they can stay together, just by hiring a lwayer. So I got married, because I was under the impression that everything would be ok. I had spoken with experienced persons on the matter, and I had no reason to doubt their advice, because they had already gone through the immigration process.

Not everyone--- not even experienced people--- know just how different some of the laws are between one visa and another. So when ever I asked people about this, they always said everything would be fine. I thought I HAD done my home work, but I had not done this a thousand times, like a lwayer has. So of course there were a lot of things I didn't know. And also, a lot of things I didn't realize I NEEDED to know.

[ImmigAttyLana]

Well, part of doing your homework is consulting with people who actually know what they are talking about. Someone who goes through one's own immigration process is NOT an immigration law expert. He/she may only know the law (if that) as it applies to their own situation.

If you grew up with that notion that marrying a US citizen solves all of one's problems, I am not sure in what bubble you've been living in or maybe you are just very young and a bit naive.

No one is judging you so you don't need to be defensive. But you come here for answers and you are getting the answers. You may not like the answers but they are what they are, based on the facts as you present them.

[evcalyptos]

Well in our defense---- I don't think its right to be so harsh on people who simply didn't understand what they were getting into. Everyone does something in their life, without knowing that there was more to it.....

I didn't know it was necessary to research immigration. I GREW UP with the impression that if you marry a US citizen, you can stay. And so did most of the other people I know.

Not every average joe is an expert in immigration law. I was told by several other immigrants who had been through the process, that it was no big deal, the paperwork was easy to do, and that if two people are married, they can stay together, just by hiring a lwayer. So I got married, because I was under the impression that everything would be ok. I had spoken with experienced persons on the matter, and I had no reason to doubt their advice, because they had already gone through the immigration process.

Not everyone--- not even experienced people--- know just how different some of the laws are between one visa and another. So when ever I asked people about this, they always said everything would be fine. I thought I HAD done my home work, but I had not done this a thousand times, like a lwayer has. So of course there were a lot of things I didn't know. And also, a lot of things I didn't realize I NEEDED to know.

Wow, what brought you back after FIVE months?
What's going on with your husband? Did he go to his home country? Have you started an immigrant petition for him? Is he getting ready to go for his visa interview?

[AHA]

Well in our defense---- I don't think its right to be so harsh on people who simply didn't understand what they were getting into. Everyone does something in their life, without knowing that there was more to it...

Not when it comes to something so serious as setting up a future in another country.

[Melissa569]

Well, what brought me back after so long was just browsing the net and seeing an old thread I remembered.

And no, still haven't gotten anywhere. We've spoken to several different immigration attorneys, and they ALL strongly advised us to:

1-- Not leave the country under ANY circumstance, because the "10-year-bar on re-entry" is not activated unless you leave.

2-- do not begin any legal paperwork, because unless we find "one hell of an expensive and talented go-getter lawyer", we are likely to lose our case.

3-- Just stay put and wait for some kind of guest-worker-type law to pass. And in my opinion, that is totally do-able. In that case, we could pay the fine and participate, since he's been working here and paying taxes for a while, and staying out of trouble.

Since I married my husband, I have learned A LOT about immigration, and this government, because I had to. And boy was I surprised at what I've learned! According to our lawyers--- like it or not, we CAN'T get all the illegals out of the country. Not even most, or half! If all the illegal immigrants were to suddenly vanish, our entire economy would come crashing to the ground, because we are standing on their shoulders for cheap labor (much more than we realize), and depending on them to do all the dirty, hard jobs WE refuse to do. Think about it-- 90% of all Americans don't want to (and won't) work at a vegetable plant, or a dry cleaners, or a 7-11, or landscaping, or factories, or fast food places the rest of their life.... To Americans, those are "teenager and immigrant" jobs.

Plus, (again, in the lawyer's words) a lot of politicians ARE likely to end up passing such a bill, particularly after elections come. Because we've done it before, and its not like all those pay checks aren't already going to the immigrants. At least this way, all that money won't be going out of the country, in envelopes to their wives and children back home. It will stay here, because they'll be able to have their wives and children here. And because politicians (both for AND against a guest worker program) do acknowledge that WE are to blame for our own immigration problems. Because if we really wanted to, we probably could find most of the illegals. As a matter of fact, we already have! But the embarrassing truth is, we do nothing about it. We do not put forward our best efforts, because we know very well that the US government purposely CHOSE to look the other way in many cases, to save some money. And they don't want to bring too much attention to that fact....

Immigration has been to my husband's place of employment MANY times. They know very well that there are mostly all illegals working there, and they do nothing. Absolutely nothing. And its the same, all over this country. Our government plans to kick them all out, about as much as I plan to saw my own foot off.... The only time the government does anything about it, is when they sense drug or gun smuggling in a certain place, or terrorism being plotted. Then, and ONLY then, do the really step in and do something.

And they know that.

Absorption of illegals is also meant to be a tactic against terrorism. Most "sleeper" terrorists are here on temproary (or work) visas, and don't have much hope at becoming citizens. They came here with the help of wealthy men abroad. And they simply over stay, and then hide. Many (in fact, MOST) terrorists got into that line of work, because they felt that their life on earth was doomed to be forever poverty-stricken, and they had no hope. People who have no hope for a future are easily manipulated into suicide missions. They quickly turn all their attention to "the afterlife" and go full-fledged into religious fanaticism. But by giving them hope for a future in this life-- or at least a chance at one--, many of them (not all but MANY) will re-think their chosen paths.

Personally, I think its a great idea, as far as national security goes. I once saw a documentary of several young men who came to this country with bad intentions, after being brainwashed by a religious leader back home. But after they got here, they liked it. And instead, they decided to become informants for the US government, in exchange for legalization and protection. We could see a lot more such cases... After all, that was the main downfall fall of the Italian mafia-- members taking bribes (legal pardons, money, etc.) from the law to spill the beans about "the family". That tactic DOES work, because humans as individuals can really surprise you with how selfish they can be, when given the chance. Particularly those who were once willing to do a lot worse....

[evcalyptos]

You're so kidding yourself.. you two should just move overseas for the duration of whatever ban he's incurred and be done with it. They're not going to change the crewman entry prohibition, ever.
You are delaying the inevitable and getting involved in discussions about sleeper spy cells isn't going to change thing one for your husband.