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  • need advice

    i am a usc my boyfriend that i am going to marry real soon is from mexico. we have been together for about 8 yrs. we have a child together also.
    he has been here for about 12 yrs illegaly. he has worked the whole time with a fake ss #. how can i get him a green card. we need help please.

  • #2
    i am a usc my boyfriend that i am going to marry real soon is from mexico. we have been together for about 8 yrs. we have a child together also.
    he has been here for about 12 yrs illegaly. he has worked the whole time with a fake ss #. how can i get him a green card. we need help please.

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    • #3
      did he enter legally ou illegally ???

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      • #4
        yes he did come here illegaly.

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        • #5
          i am in the same situation you are. but the only thing to make him legal is wait for the 245 to come back or he goes home and you apply for a fiance visa(before marriage).....this may be the fastest and easiest as the laws are now...

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          • #6
            You missed the chance,you have been living together for 8 years,What took you so long to marry? if you had married 2 years ago by now he would have been LPR
            Feel bad for like you people

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            • #7
              maybe u can apply for 245

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              • #8
                i wish u the best of luck

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                • #9
                  u need the amesty to come back.

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                  • #10
                    After living with someone for 7 years, especially if you share finances, bank accounts, etc, and especially if you have children together, you are considered to be married by common law. I'm not sure if this is true in all states. Check with a lawyer about this. You may have a case. Good luck!

                    juju

                    You may even have a slim chance at using the 245i. What state do you live in? Look up "common law marriage" on the internet and see what you can find.

                    !!!Buena suerte!!!

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                    • #11
                      but juju you can't file the 245i right now.

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                      • #12
                        I am in california,
                        can i file a 245 right now.

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                        • #13
                          no the 245 went out of effect i believe it was april of this year. I am in the same situation as you so i am playing the waiting game for the 245 to come back in. you can get married but if you start filing petitions now he will have to go home and get his papers then as soon as he enters his home country from here he will face the 3-10 year band of re-entering the USA.

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                          • #14
                            I'm sorry. I meant that you may be able to file for adjustment of status based on the common-law marriage, and that the date that the relationship began might be considered a sort of wedding date. This would mean that, depending on the dates, they may be eligible for some sort of retroactive 245i. It is a super long shot, but a good lawyer might be able to pull it off. You can't even file for 245i any longer even if the marriage fell w/in those dates? That makes no sense There must be something that can be done regarding the common-law marriage. And a waiver of extreme hardship may be possible - though very risky.

                            If no one knows that he has been here - or if it can't be proved - another option would be to consider having him return to Mexico and filing a k-1 or k-3 visa for him. This would be safer than waiting for the 245i to return. With the way things are going, it will be a LONG time. If they find out he has been here illegally for more than a year, they will ban his return for ten years. This will be another virtually impossible waiver to try to obtain.

                            Buena suerte!

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                            • #15
                              get a real good lawyer.

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