How would be the easiest was to apply for a visa for a spouse of an american citizen? My son is married to an illegal alien and living with her in the US and he wants to apply on her behalf. They were married here in the US recently but does not know if he will qualify since she has been living here illegally. Will she have to leave the US after he files and if so for how long?

I'm sorry to hear that your son is so stupid as to have married some dirtbag illegal who is only trying to scam a green card...you should have had that "talk" when he was a teenager. But then, the noise level outside your trailer must have been too high for you to have been heard.

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Originally posted by BJaime:
How would be the easiest was to apply for a visa for a spouse of an american citizen? My son is married to an illegal alien and living with her in the US and he wants to apply on her behalf. They were married here in the US recently but does not know if he will qualify since she has been living here illegally. Will she have to leave the US after he files and if so for how long?

Hi BJ,

Welcome to the forum. It would be helpful if you would provide some more details. How and when did your son's wife enter the US (i.e., did she come on a visa and overstay or did she enter without inspection); how old was she when she entered; has she ever left the US since she arrived; what country is she from; is her record clean (no criminal activity)? There are probably other questions, but answers to these would be a good start for members here to offer some advice.

Here We Go Again!

Short version.

With a Prior Visa
If she had a legitimate visa she may not have to leave. Even then there are issues depending on the type of visa she had. For example. If she had a J-1 visa she may be subject to a 2 year return rule. Meaning she has to leave the country for 2 years. If she was here on TPS (Temporary Protected Status) she will revert to her status prior or TPS if she tries to adjust status. If she was an illegal then she will subject to a ban depending on the length of illegal presence. There is also the issue of criminal background. If she had any convictions here for various offenses including claiming US citizenship she could incur a life long ban without recourse. If there are any criminal offenses in the home country those could prevent her from being issued LPR status.

No Prior Visa
If on the other hand she did not she will definitely have to leave and probably be subject to a 10 year ban on re-entry. This assumes she was here illegally over 1 year. Since the relationship was so short and recent the chances of getting a hardship waiver I-601 approved are slim to none. Those are hardships to the USC spouse. They do not include mere separation. May include such things as necessary presence for a serious medical malady. Again this only applies to the USC spouse. Any hardship to the immigrant is not considered.

The I-601 waiver is easy to get either here or after leaving and applying at US Emb/Con if you can get some publicity in the press. In California Senators Feinstein and Boxer routinely contact DOS and USCIS on behalf of such waivers and usually only require a few days outside the U.S. But you have to have some pull to get it to their attention. Have you considered large contributions to your Senators?

Not a bad idea. Except it might not get far being sent to squandering democrats like Diefie or boo-boo. Send it to the McCain campaign since he will be the next president. The president has the most pull of all. And, since he is still a senator you have both bases covered. Make sure anyone who is a USC in your circle of friends and family is a registered Republican. That goes a long way.