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marriage to illigal

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  • marriage to illigal

    I need to know if i marry my b/f who is illigal if there is ever a possibility of him being deported. I am now pregnant with his child and have been with him for a while. I want to marry him and do not want to ever run the risk of loseing him before i get a chance to get him papers. So if i marry him, and considering i am pregnant with his child, is there still a possibility of him being deported?
    Patti

  • #2
    I need to know if i marry my b/f who is illigal if there is ever a possibility of him being deported. I am now pregnant with his child and have been with him for a while. I want to marry him and do not want to ever run the risk of loseing him before i get a chance to get him papers. So if i marry him, and considering i am pregnant with his child, is there still a possibility of him being deported?
    Patti

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    • #3
      Yes. He's illegal, so there is a definite chance of him getting deported, whether you get married or not.

      As to getting him his papers, it depends how he entered the country. If he entered on a valid visa which has since expired, he is eligible to adjust his status within the US.

      If he entered without inspection, he's not eligible for that and would have to return to his home country and wait while you file for him. He would go through the process as usual, but he would be denied at his interview due to the bar incurred from his illegal presence in the US. After that denial, he would be eligible (most likely) to file an I-601 waiver, in which you would basically have to prove extreme hardship should he not be granted entry to the US and you and your child/ren would have to relocate to his home country. The grounds for hardship are fairly broad, though it's still not an easy thing to get.

      http://www.familybasedimmigration.com/forum/waivers.php
      **************************************
      The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aroha:
        Yes. He's illegal, so there is a definite chance of him getting deported, whether you get married or not.
        </div></BLOCKQUOTE>

        Hmmm, did the OP say he entered without inspection, or did the OP's B/F overstay his visa.

        Patti, Welcome, before anyone can give you some ideas, please give us a little bit more info, as some people jump to conclusions far to quickly here,

        but, as Aroha said, if he entered without inspection, it could be a more difficult process, but not necessary a lost cause, try posting on www.immigrate2us.net if he entered without inspection at a port of entry, as they are very familiar with this sort of case.

        If he has just overstayed his visa, it should be an easy process once you are married, and he wont have to leave the US while you go thru the process.

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        • #5
          She didn't specify either way, just that he was illegal.

          Even if he's overstayed a visa, there's still a chance of deportation. He may have more options to get it overturned if they're married, but even then, no guarantees.
          **************************************
          The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

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          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aroha:
            She didn't specify either way, just that he was illegal.

            Even if he's overstayed a visa, there's still a chance of deportation. He may have more options to get it overturned if they're married, but even then, no guarantees. </div></BLOCKQUOTE>

            If someone has overstayed their visa, has a clean record, when going thru the FBI name and fingerprinting checks, and you can show evidence of a bona-fide marraige, then you should have no problems.

            There is quite a number of us on here that overstayed our visa's and have either got their Greencard in hand, or just about to receive it.

            I agree it's not 100% guarantee, Going thru this route or going the K1/3 visa route, it all depends on the Alien individual.

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