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I need your help Marie

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  • I need your help Marie

    Hi Marie,

    I see you respond a lot to issues about marriage to a USC and I was wondering if you could help.
    I am a USC, born and raised in the US. I am engaged to an "illegal alien" from Guatemala, he has been here since 6/94 and has no kind of criminal record. He came here with no papers, visas and was never inspected by an immigration official. I have done a lot of research and have found out that there is nothing we can basically do to ensure is safety. Is that true? Should we go to Guatemala and get married or is that too risky if they find out he was once here and the bar him?
    Anything you know would be a help.

    Thanks very much

  • #2
    Hi Marie,

    I see you respond a lot to issues about marriage to a USC and I was wondering if you could help.
    I am a USC, born and raised in the US. I am engaged to an "illegal alien" from Guatemala, he has been here since 6/94 and has no kind of criminal record. He came here with no papers, visas and was never inspected by an immigration official. I have done a lot of research and have found out that there is nothing we can basically do to ensure is safety. Is that true? Should we go to Guatemala and get married or is that too risky if they find out he was once here and the bar him?
    Anything you know would be a help.

    Thanks very much

    Comment


    • #3
      Yeah there isn't anything he can do unless they reinstate that 245(i). Going to Guatemala is risky because even if they don't find out that he was in the US, you have to prove your relationship is bonafide and that you have meet in the last 2 years. Unless you've been to Guatemala in the last 2 years it's risky.


      I don't think going is an option. It's too risky and you'd have to do a lot of lying.
      I guess the best thing to do is the lay low and hope that they reinstate that 245(i). I haven't heard anything but that doesn't mean anything.

      Wish you the best of luck.

      Comment


      • #4
        Thank you Marie for you knowledge.
        I thought that I knew almost everything about the 245I but now I am not sure. I have heard recently that if it does get approved that they are going to keep the original "secure relationship" date the same of'01. So that would still exclude my fiance and I, correct??? Have you heard anything like that or will they extend the date not only for filing but for the relationship??

        thank you again!

        Comment


        • #5
          The only thing the INS page says is that it has to be file on or before April of 2001. It doesn't say anything about an extension right now.

          http://www.ins.usdoj.gov/graphics/howdoi/hdi245i.htm

          I haven't heard anything but maybe someone else has.

          Comment


          • #6
            Let's say that the 245I get extended for the FILING date only, will my fiance be able to benefit from the employment part of the law? Again he is "illegal" and was never inspected by an official.

            thanks

            Comment


            • #7
              Read the page....it says right there it IS for people who have NOT been inspected.
              All the answers are on that INS page.

              I didn't see anything about how long the person had to be in the relationship but it did say that the person had to be there since December 21,2000.

              Comment


              • #8
                ok we have consulted an attorney and he told us everything that I have already researched on my own. However he seemed hopeful that the 245I would get passed with an extension for both the filing date and the relationship date. He also mentioned that if it was not going to help us that we would still file an I-130 with an affidavit and get it approved and then we would be able to "consular process" him through the embassy in Guatemala. Do you have any information about this process and what does it exactly does it entail?

                thank you

                Comment



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