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Immigration Forum / USA Marriage Base / September 2006Marriage soon to USC
Firstly let me say Thanks before hand if you've able to help, assist or point me in the right direction regarding my case, it's pretty complex. Over 8 years ago I bought a ticket to Travel to America with friends for 3 months. Several days before leaving I was arrested and charged with being involved in an assault . I was 100% innocent of this accusation, but none the less I was due in court in 1 week. Not being able to change the date of the vacation and the possibility of a drawn out court case, I went ahead and joined my friends. It was naive I know, I won't question that reasoning. I never returned to England. I had no desire to clear my name, the system there is low and the attorney who was appointed me didn't care a damn about my case, which was evident from day one. Life here has been great, not without it's ups and downs, but it's better than what I had. While some people may state I clearly made a mistake, had I not have gone this route I wouldn't have met who I fell in love with and things wouldn't be the same. I'm to marry soon and it's an elaborate and large wedding with all the bells and whistles, family and friends are coming, everything is set in stone, but we're acting like there's no bigger picture. I'm aware that under normal circumstances I could apply for AOS, go through the procedure and stand a good chance of getting my conditional green card, but things are more complex than a normal case scenario. The bigger picture is; An Irish friend rid me of my Waiver that was attached to my passport years ago, I didn't realize it's importance at the time. (I have my original entry flight tickets) I've overstayed 8 years and have made a considerable amount of money during that time, not being able to pay taxes of course. I have this criminal issue looming from England, all those years ago. (Which I am currently seeking to be acquitted from, by long distance communication (it can be done)) My passport will expire in 2 years and is very worn out. Can I keep this one for proof of entry? And apply for a new one just for Identification purposes? Besides those things, I've lived an honest life here, never once having an issue with the authorities or anything similar. My future wife and I agree, that after the wedding it may be in our best interests to bide our time and see if I can clear my name. But if we're not at least 90% certain we can pull it off, it's simply may not be worth the risk. We're planning to see a lawyer, but I'm trying to get my facts straight before hand. I've read enough about people's successes, but my situation is quite complex and I'm just wondering what you think is the best cause of action for us? Some things that may benefit us are, My fiance is an upstanding citizen, wealthy and highly educated I'm highly skilled, highly employable and carry a degree. Even in my overstaying status, I belong to a political group and participate in social affairs. I'm also a member of the church and volunteer for various charities. > Firstly let me say Thanks before hand if you've able to help, assist > or point me in the right direction regarding my case, it's pretty [quoted text clipped - 69 lines] > > I'm also a member of the church and volunteer for various charities. It might be a good idea to use some of the money you have earned to see an attorney. > It might be a good idea to use some of the money you have earned to > see an attorney. Quite... > Quite... Ditto. This is pretty much beyond a layman's knowledge. Good luck with your case. Best Wishes, Rene > It might be a good idea to use some of the money you have earned to > see an attorney. I have every intention of seeing an immigration attorney and hopefully the best money can afford. As I stated, I'm just asking some simple question to see if some light can be shed on the situation before I go. The more that is answered here, the less time i'll have to spend asking questions that I'm not sure of the answer to. > I have every intention of seeing an immigration attorney and hopefully > the best money can afford. As I stated, I'm just asking some simple > question to see if some light can be shed on the situation before I > go. > The more that is answered here, the less time i'll have to spend > asking questions that I'm not sure of the answer to. Umm... none of your questions are simple when taken in context. You do realize that we're not lawyers, right? What is it about you that makes you believe that a bunch of lay persons can help you with your very complex situation? I'm sorry, I didn't realize that your time was so valuable. I also really have to question your sanity with respect to the above comment. It seems to me that you would *want* to ask questions regarding those things of which you're not sure! I'll add here, that just because you *think* you know the answer to a question, the lawyer will have an alternate point of view - probably the correct one! Ian > I have every intention of seeing an immigration attorney and hopefully > the best money can afford. As I stated, I'm just asking some simple > question to see if some light can be shed on the situation before I > go. > The more that is answered here, the less time i'll have to spend > asking questions that I'm not sure of the answer to. You're kidding, right? Unless you are making a very small amount of income, you have to pay taxes on any income you earn. It doesn't matter if you're self-employed, employed by a big company or a small company. It doesn't matter if that income is illegally obtained or legally obtained. A two-second Google search got me here: Internal Revenue Service : Publications & Forms for the Self-Employed (http://www.irs.gov/businesses/small/article/0,,id=115044,00.html) That's the thing, though -- your situation is so way-out there that no one here can really answer any of your questions. You jumped bail in the UK, illegally used the VWP and fled to the US, overstayed for 8 years, worked in the US as an illegal alien for 8 years, didn't file or pay any taxes -- and NOW you want to become legal?? This is so far beyond what a bunch of laypeople on a public message board can handle that the only decent suggestion anyone can have for you is, "Get a good lawyer." ~ Jenney > You're kidding, right? Unless you are making a very small amount of > income, you have to pay taxes on any income you earn. It doesn't [quoted text clipped - 15 lines] > > ~ Jenney You missed the part where the Irish friend used his I-94w. > You missed the part where the Irish friend used his I-94w. You may have misinterpreted the wording of the comment. "He rid me of it" I should have said "He suggested I get rid of it" > Firstly let me say Thanks before hand if you've able to help, assist > or point me in the right direction regarding my case, it's pretty [quoted text clipped - 69 lines] > > I'm also a member of the church and volunteer for various charities. Um, not paying taxes for 8 years isn't honest though, is it? If you and your fiance(e) are so educated, you should have known that you CAN and SHOULD pay taxes, even if your income is illegally obtained. Ever heard of Al Capone? Being an illegal alien doesn't exempt you from paying taxes; millions of illegals do so every year. Belonging to a church and participating in social events won't help your situation. Sorry. See an attorney. Actually, in your case you might want to see several. Start with AILA (http://www.aila.org). ~ Jenney > Um, not paying taxes for 8 years isn't honest though, is it? > [quoted text clipped - 10 lines] > > ~ Jenney You're going to need crackerjack timing Wang. :)  SignatureDaftbastard > Um, not paying taxes for 8 years isn't honest though, is it? > [quoted text clipped - 10 lines] > > ~ Jenney Under what circumstances can a person who works for himself pay taxes? Believe me if I could have, I would have. > Under what circumstances can a person who works for himself pay taxes? > > Believe me if I could have, I would have. Did you actually contact the IRS and ask them? If Mexican farmworkers who do not even speak English can manage it, how come a highly educated Brit like you can't? > Under what circumstances can a person who works for himself pay taxes? > > Believe me if I could have, I would have. DUH! You're the one with the degree and the intelligence. You get a Taxpayer's identification number from the IRS and pay taxes on your earnings. Not a very complex process ... even a fifth grader can do it. As for your certainty about getting a conditonal green card, don't bet the farm on it. There is a better chance that you will be asked to leave because of your criminal history in the UK. SignatureI'm not an attorney. This disclaimer is valid in NYS! > Firstly let me say Thanks before hand if you've able to help, assist > or point me in the right direction regarding my case, it's pretty [quoted text clipped - 69 lines] > > I'm also a member of the church and volunteer for various charities. The facts are the facts... they are neither straight nor twisted. I think you mean that you're "trying to get your story straight"! This would be necessary if you want to present your lawyer with good facts rather than real facts in an effort to make it seem as though you're a really nice person. .. highly illegal, and highly dishonest. Millions of self-employed residents do it every year. It's not rocket science. Let's tell the truth here... you didn't want to draw attention to yourself, so you preferred to live dishonestly and immorally rather than take responsibility for your actions. For all your education, you seem pretty thick! Ian > The facts are the facts... they are neither straight nor twisted. I > think you mean that you're "trying to get your story straight"! This [quoted text clipped - 11 lines] > > Ian I will be as honest and forthcoming with my lawyer as I have with you here today. I'm not making excuses nor stories. I agree partially with your assessment that I have been dishonest and undermined the laws here. I felt at risk of losing the person that matters the most and in some scenario's people will undergo extraordinary risks to keep what they want. Our lives here are quite ordinary, given the circumstances. If there is no way feasible solution to my problem, then I won't seek to resolve it. There is a also a huge difference of opinion as to what people consider Immoral and unjust in this life, friend. > I will be as honest and forthcoming with my lawyer as I have with you > here today. I'm not making excuses nor stories. [quoted text clipped - 10 lines] > There is a also a huge difference of opinion as to what people > consider Immoral and unjust in this life, friend. The UK is a beautiful country! :) > The UK is a beautiful country! :) And that Beauty is only on the outside unfortunately. When you take a closer look and evaluate the political ramifications of everyday life there, It's quite bleak. It has a failed social, educational and political system. If I had to return, either Holland, Switzerland or Germany would be my first choice. Never the less, I plan to stay here. > And that Beauty is only on the outside unfortunately. > When you take a closer look and evaluate the political ramifications [quoted text clipped - 5 lines] > > Never the less, I plan to stay here. Goodness me, you are a political scientist to boot!! Is there no end to your talents? > Goodness me, you are a political scientist to boot!! > > Is there no end to your talents? I don't wish to be confrontational with you. It doesn't solve anything. > I don't wish to be confrontational with you. > It doesn't solve anything. I do have one last question. What kind of background checks would be performed through the UK. According to a friend, the warrant given the case was closed and charges dropped, may have become obsolete. Although jumping bail might still haunt me. > I do have one last question. > [quoted text clipped - 4 lines] > > Although jumping bail might still haunt me. Yes, if you progress with immigration, you'll be subject to multiple security checks, many times along the way. This can include FBI, CIA, Interpol, name check, background check, among many others. Actually Ray posted an extensive list on here just the other day, hmmm..wonder if I can find that. Rene > Yes, if you progress with immigration, you'll be subject to multiple > security checks, many times along the way. This can include FBI, CIA, [quoted text clipped - 3 lines] > > Rene Here it is, Post #15 in this thread: http://britishexpats.com/forum/sh- owthread.php?t=398059&highlight=security+check > Here it is, Post #15 in this thread: http://britishexpats.com/forum/- > showthread.php?t=398059&highlight=security+check Thank you again. > Yes, if you progress with immigration, you'll be subject to multiple > security checks, many times along the way. This can include FBI, CIA, [quoted text clipped - 3 lines] > > Rene I'll just add that in addition to any background checks and police records, the applicant takes an oath to be completely truthful to the US government, be it on an application form or in an interview. In other words, just because the assault case was dropped doesn't mean that the OP doesn't have to disclose the arrest. ~ Jenney >According to a friend, the warrant given the case was closed and charges >dropped, may have become obsolete. If you failed to surrender to bail that is not closed. If they issued a warrant for your arrest and placed a Wanted/Missing entry on the Police National Computer that record will stay active until your are know to be dead or can presume to have died, (ie the entry is so old you cannot have lived that long), or the officer in the case cancelled it. How your friend can possible know if they is an entry or not beggars belief. Charges cannot be dropped unless someone has been charged with an offence, which as you imply in your original post the matter never got that far I wonder how it was done. Once charged and bailed to attend court the charge is dealt with at court, even if the prosecution decide to offer no evidence. If you failed to attend the case cannot normally be heard. -- Lansbury www.uk-air.net FAQs for the alt.travel.uk.air newsgroup > I will be as honest and forthcoming with my lawyer as I have with you > here today. I'm not making excuses nor stories. [quoted text clipped - 10 lines] > There is a also a huge difference of opinion as to what people > consider Immoral and unjust in this life, friend. You knew the answer to your questions. The only help you needed was to be reassured an attorney is needed. Good luck, most problems have a solution sadly the solution can sometimes be worse than the problem. > You knew the answer to your questions. The only help you needed was to > be reassured an attorney is needed. Good luck, most problems have a > solution sadly the solution can sometimes be worse than the problem. I didn't find the answers to any of the specific questions I asked. Merely that in an ironic way I already knew what you might say. One can but hope. Especially when looking for peace of mind. I shall not find that here today it seems. But I thank you all the same. > I will be as honest and forthcoming with my lawyer as I have with you > here today. I'm not making excuses nor stories. [quoted text clipped - 10 lines] > There is a also a huge difference of opinion as to what people > consider Immoral and unjust in this life, friend. It's true that people can have a difference of opinions in these matters. But you'll be dealing with USCIS and immigration law, not "people". Just be honest and straighforward with your attorney, don't hide anything. He can't do his job if he doesn't know all the facts. And please do post back with results, if you can. :) I do hope all goes well and you get to stay in the USA with your soon-to-be wife. Best Wishes, Rene > It's true that people can have a difference of opinions in these > matters. But you'll be dealing with USCIS and immigration law, not [quoted text clipped - 7 lines] > Best Wishes, > Rene Thanks for the suggestion Rene, I appreciate it very much. > Firstly let me say Thanks before hand if you've able to help, assist > or point me in the right direction regarding my case, it's pretty [quoted text clipped - 69 lines] > > I'm also a member of the church and volunteer for various charities. Reading back through your original post, this was the only question I could find that you specifically asked. As far as I know, you can keep the one you've got, yes, you will need it. I don't know how far in advance you are allowed to apply for a new one, and I also don't know if you will be given your old one back once you get issued a new one. USA does give the old one back, I don't know about the UK. Maybe someone on here knows, or you can ask the UK consulate in the USA. Best Wishes, Rene > Reading back through your original post, this was the only question > I could find that you specifically asked. As far as I know, you can [quoted text clipped - 7 lines] > Best Wishes, > Rene UK Consulate in DC will return old passports - they just clip off one corner. > UK Consulate in DC will return old passports - they just clip off > one corner. You would have to state your intentions I imagine? >UK Consulate in DC will return old passports - they just clip off >one corner. Unless of course he is flagged on any of the computer systems they use. Information on British subjects wanted for crime who are out of the UK is passed between agencies. -- Lansbury www.uk-air.net FAQs for the alt.travel.uk.air newsgroup > Firstly let me say Thanks before hand if you've able to help, assist > or point me in the right direction regarding my case, it's pretty [quoted text clipped - 69 lines] > > I'm also a member of the church and volunteer for various charities. Don't forget to see an accountant about filing your back taxes. > Don't forget to see an accountant about filing your back taxes. Another good point. That's all I wanted, some good information, not to berated by a group of supposed law abiding citizens who do everything by the book. That book after all, isn't so righteous. > Firstly let me say Thanks before hand if you've able to help, assist > or point me in the right direction regarding my case, it's pretty [quoted text clipped - 69 lines] > > I'm also a member of the church and volunteer for various charities. Curious - what makes you think that these things are an advantage/benefit to you in the eyes of USCIS? [QUOTE=BigTroubleinLittleChina Some things that may benefit us are, My fiance is an upstanding citizen, wealthy and highly educated I'm highly skilled, highly employable and carry a degree. Even in my overstaying status, I belong to a political group and participate in social affairs. I'm also a member of the church and volunteer for various charities.[/QUOTE] > Curious - what makes you think that these things are an > advantage/benefit to you in the eyes of USCIS? [quoted text clipped - 11 lines] > I'm also a member of the church and volunteer for various > charities.[/QUOTE] An acquaintance went on a similar route to the one I wish to take. His explanation of experience, was they were interested in their community activities, his wives financial standing and his general presence in America. I.e: Is he at all a benefit to the Country, Skilled, Speaky the Engrish? I don't have the the gift of precognition, so I can't foresee what questions may arise. I'm willing to answer them all without a moments hesitation, but in all fairness, my honesty may work against us. Given most people placed in such position where by they can judge the outcome of a persons life, I'm supposing it's down to the day. Its people like you that give the British a bad name and a hard time... Get a grip on your life.. Face up to the facts that you broke every law in the book. >> Curious - what makes you think that these things are an >> advantage/benefit to you in the eyes of USCIS? [quoted text clipped - 15 lines] >Given most people placed in such position where by they can judge the >outcome of a persons life, I'm supposing it's down to the day. > An acquaintance went on a similar route to the one I wish to take. > His explanation of experience, was they were interested in their [quoted text clipped - 10 lines] > Given most people placed in such position where by they can judge the > outcome of a persons life, I'm supposing it's down to the day. SignatureI'm not an attorney. This disclaimer is valid in NYS! > Firstly let me say Thanks before hand if you've able to help, assist > or point me in the right direction regarding my case, it's pretty [quoted text clipped - 69 lines] > > I'm also a member of the church and volunteer for various charities. Just about anything is surmountable. As long as your crime was not of moral turpitude and you can get the jumping bail charge dropped, you might stand a chance of adjusting status. However, I've a question that no has aksed you. You said you belong to a political group. Have you at anytime in your 8 illegal years here in the US declared yourself a US Citizen. Be in for school enrollment, political entrance to a group, have you voted or registered to vote, etc. Just having declared yourself a USC once means you are ineligible to adjustment status for a lifetime. SignatureI'm not an attorney. This disclaimer is valid in NYS! > Just about anything is surmountable. As long as your crime was not of > moral turpitude and you can get the jumping bail charge dropped, you [quoted text clipped - 6 lines] > registered to vote, etc. Just having declared yourself a USC once > means you are ineligible to adjustment status for a lifetime. I guess I'm more concerned with his "soon to be wife" than I am about him. He appears to be making clear cut choices and behaving accordingly. He may have mentioned this, but I'm wondering if he's told her about his issues. If she's aware of it all and is choosing to marry him, one has to wonder about her as well. ~SecretGarden > I guess I'm more concerned with his "soon to be wife" than I am about > him. He appears to be making clear cut choices and behaving [quoted text clipped - 5 lines] > > ~SecretGarden It's been 5 years, she's aware of every detail. We're marrying out of love for one another, not for the boundaries that may separate us temporarily. > It's been 5 years, she's aware of every detail. > We're marrying out of love for one another, not for the boundaries > that > may separate us temporarily. Well, it's good that you've been honest with her. However, USCIS doesn't give a hill of beans about your love for one another. Unfortunately, given your history, your separation may not be temporary. I do wish you luck, and make sure you get a very good attorney. But you may already have that covered. ~SecretGarden > Well, it's good that you've been honest with her. However, USCIS > doesn't give a hill of beans about your love for one another. [quoted text clipped - 3 lines] > > ~SecretGarden If it failed here, Europe would have to be a substitute for both of us, nothing will keep us apart. > If it failed here, Europe would have to be a substitute for both of > us, nothing will keep us apart. Oh come on now I'm starting to believe you are a troll :D Ever read Mills and Boon :D > If it failed here, Europe would have to be a substitute for both of > us, nothing will keep us apart. It's good that you have that option. In my particular case, it wasn't. There are restrictions in the UK that have to be dealt with to bring your wife there as well. Have you read up on those yet? Best to consider ALL the options, right? ~SG > Well, it's good that you've been honest with her. However, USCIS > doesn't give a hill of beans about your love for one another. [quoted text clipped - 3 lines] > > ~SecretGarden Not sure about that. There probably is no reason why the future Mrs- BTILC cannot move to the UK. I may have said this before, but it always bears repeating: the UK is a beautiful country ;) > Not sure about that. There probably is no reason why the future Mrs- > BTILC cannot move to the UK. > > I may have said this before, but it always bears repeating: the UK is > a beautiful country ;) Heh, finally I got a chuckle out of this place with Mrs BTILC. Although it would be such a shame to have gone and screwed up my chances here, this really is a land of opportunity for me, even in my position. Damn. > Not sure about that. There probably is no reason why the future Mrs- > BTILC cannot move to the UK. > > I may have said this before, but it always bears repeating: the UK is > a beautiful country ;) I never said that she wouldn't be able to move to the UK, but there is a process that he would have to go through for her to be able to do that legally. That's what I meant. ~SG > Just about anything is surmountable. As long as your crime was not of > moral turpitude and you can get the jumping bail charge dropped, you [quoted text clipped - 6 lines] > registered to vote, etc. Just having declared yourself a USC once > means you are ineligible to adjustment status for a lifetime. And don't think they don't ask it at the AOS interviews, because it was asked of my husband. He was also asked if he ever registered to vote. He answered no, and was told, "well, that's good because if you had, that is a deportable offense." ~SG > Just about anything is surmountable. As long as your crime was not of > moral turpitude and you can get the jumping bail charge dropped, you [quoted text clipped - 6 lines] > registered to vote, etc. Just having declared yourself a USC once > means you are ineligible to adjustment status for a lifetime. None of the above. |
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