hi i have a question to anyone who can help. my fiance and have been together for 3 yrs. and we are finally geting married. i thought that i should help him when we do get married to fix his documentation. the only thing is that im not sure how to go about doing that. he came to the U.S w/out permission and no legal documentation. he's been here illegally for 15 years since he was 5 years old. would they send him to his country? and would they make him stay there? i dont know if anyone can help please i would appreciate it thank you.

hi alejandra,

Process of sponsoring someone for immigration papers is often long, stressful, and expensive. If an alien entered without inspection, the process is much longer, more stressful, and much more expensive... I am saying that because it seams you guys may be very young...

Are you US citizen? Has any immigration petition ever been filed for your boyfriend?

If the first answer is yes, and second no, here is a brief description of the process most people go through:

- after the marriage, you file I-130 petition for alien relative
- since he entered without inspection, he can't get the papers in the US
- after the approval of I-130, you are asked to send some papers (like Affidavit of Support) to NVC
- after the completition, NVC sends file to the consulate in his country. He has to gather some documents (police record, medical), and then the interview is scheduled (so, he can leave US once he learns the case is in his country)
- at the interview, he is denied visa because of his illegal presence in the US
- he can submit a waiver proving an extreme hardship that you would suffer in case he can't come back
- if the waiver is approved, an immigrant visa will be granted. If not, he can't come back!

The whole process may take years.

After submitting I-130, you may also file I-129 form and apply for K3 visa for him...but he would still have to have waiver approved before visa is granted at the consulate.

There may be one more way, where he reports himself to USCIS as being ilegal, and immigration judge may grant him stay based on your marriage and the fact that he has been here for 15 years (no other illegal things on his record?), and an extreme hardship you would suffer otherwise. And for that, you would need a good lawyer. I hope someone here can explain more about that.

If somebody (parent, sibling) petitioned for your boyfried before April 2001, he may be under 245(i) and allowed to adjust status in the US regardless of how he entered the US. In that case, he wouldn't have to go through the consular processing.

That's a brief description. Inform yourself well before you venture into this rough waters. Good luck.