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  • Married To Illegal

    Hi,

    I am a USC and have been married to an illegal immigrant (illegal entry) for 25 months. We have a beautiful 3 month old son. The worst part is my wife was detained and went through deportation process but never voluntarily left. She received her deportation papers about 5 years ago (soon after she entered the US). I know this is a complicated case with probably limited to no options, which is why I have done little about it up until now. I understand marriage fraud is a big issue; however, we are happily married and will be forever regardless of her status. Does anyone no if i do have any options at all??

    Thanks for the help!

    PS We have spoken to attorney. He immediately assumed our marriage was a fraud and repeatedly informed us of information that we already knew, such as the fact that we were married did not automatically releave her of her immigration problems, etc.
    JR

  • #2
    Hi,

    I am a USC and have been married to an illegal immigrant (illegal entry) for 25 months. We have a beautiful 3 month old son. The worst part is my wife was detained and went through deportation process but never voluntarily left. She received her deportation papers about 5 years ago (soon after she entered the US). I know this is a complicated case with probably limited to no options, which is why I have done little about it up until now. I understand marriage fraud is a big issue; however, we are happily married and will be forever regardless of her status. Does anyone no if i do have any options at all??

    Thanks for the help!

    PS We have spoken to attorney. He immediately assumed our marriage was a fraud and repeatedly informed us of information that we already knew, such as the fact that we were married did not automatically releave her of her immigration problems, etc.
    JR

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    • #3
      If your wife entered without inspection, probably the only way for her to legalize is to return to her home country and have you file a request for 601 waiver to permit her to come back legally. Check for threads on this site about the waiver--it's actually a pretty common problem. Because you apparently married after she was already ordered deported, the law assumes that the marriage is to obtain immigration benefits, and you will have the burden of proving otherwise. (I'm not a lawyer.)

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      • #4
        She will have to return home to file and will most likely have to file the I-212 for the deportation, and the I-601 for the illegal presence. The chances of those getting approved depends a lot on what consulate she will be filing them from. I am in a similar situation. My husband entered illegaly from Mexico and was in the US for six years. He was never cauhgt, though, so I didn't have to file the I-212, only the I-601, which is currently pending. Here is my timeline to give you an idea, although it does differ for everyone and depends a lot on what country:
        03/1998 Husband entered without inspection (illegaly)
        05/2000 We met and started dating
        02/2002 Married
        03/2003 Filed I-130
        04/2004 I-130 approved
        04/2004 Filed I-824
        08/2004 We left the U.S. together
        02/2005 I-824 approved
        04/2005 Received form to designate a mail receiving agent from the NVC, returned immediately
        05/2005 Received I-864 and fee bills from NVC, returned immediately
        06/2005 Received DS-230 from NVC, returned immediately
        07/28/2005 Case sent to Juarez consulate
        12/12/2005 Received interview appointment packet in the mail
        01/13/2006 Immigrant Visa Interview
        01/17/2006 I-601 officially submitted and full hand fingerprints taken
        01/18/2006 Returned to get fingerprint results: came back fine. Told we'll hear on I-601 in six to eight months.
        YOu might consider visiting http://www.immigrate2us.net There is an extensive community of people there who have or will be filing the I-601 and/or I-212 for thier spouse. The screen Name "Spouse" had to file both of those in Ecuador for her husband and they were approved. There have been several approvals for Mexico and a few for other South American countries. There is a sticky on the I-601 section with examples of approved I-601 hardship letters for different countries.
        Have a nice day

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