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  • Married to an Illegal

    I need help! Currently I'm married to an illegal from Mexico and we have a beautiful little girl together. We want to make him legal but don't know the process or if it's possible with him coming to the US illegally. He was brought here at the age of 12 using someone elses papers and has been here for 9 years. I am a USC, what can we do?

  • #2
    I need help! Currently I'm married to an illegal from Mexico and we have a beautiful little girl together. We want to make him legal but don't know the process or if it's possible with him coming to the US illegally. He was brought here at the age of 12 using someone elses papers and has been here for 9 years. I am a USC, what can we do?

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    • #3
      is there any fingerprint or record of him being here? If there's *nothing*, tell him to go back to mexico, and then file marraige visa for him and bring him in legally. Make take a year tho, but better than being illegally rest of his life.

      LIFE act i think gave him a gc if he was here 10+ years, but i think the enrollment period has ended years ago.

      You could file papers for 'extreme hardship' that he's needed to help support you and your kid, etc. But that's a longshot.

      -= nav =-

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      • #4
        did he sign the birth certificate? The marriage license? Those are just a few records INS/FBI goes through. Think carefully before crossing over to mexico. He is 21?

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        • #5
          He has gone to school in the states but wasn't able to finish. His name is on the birth certificate and marriage license, of course. He is 21. Do these things make a big difference? We'd like to get him legal without him having to leave the states for a long period of time.

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          • #6
            Lots of people do it (go bakc to mexico, file for marraige petitions, etc) -- but they do a little lying and deceit. Such as getting a new id and mexican name, saying they've never been in the US, etc.

            Only problem is. If he gets caught in the interview -- he'll be banned for quite awhile.

            -= nav =-

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            • #7
              He will have to leave the country and you will have to apply for a waiver for him to get his greencard. I have heard that the processing of such a waiver takes from six months to a year in Mexico. Some say that the waiver is relatively easy to get, while others swear it's practically impossible. I will be going though the process for my husband, also. I think you already having a child together will definately improve your chances of getting the waiver.
              Have a nice day

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              • #8
                What kind of waiver will need to be filed? I rather not use a lawyer to help save money and plan to fill out all forms myself. What's the process, forms, etc? Can anyone offer advise?

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                • #9
                  if there's no INS record of him being here -- he doesn't need a waiver. It'll be like he never entered here. Just apply for a k1/k3 as usual.

                  -= nav =-

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                  • #10
                    When filling out paperwork, would the fact that we were married in the US and his address being a US residence make a difference in the INS decision? I don't want to deceive or lie to the law but also don't want him barred from the US. Has anyone gone through the process with similiar circumstances? I'm so confused and get conflicting information from different people.

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                    • #11
                      Pepper,

                      I am in the same situation. Have been married for 18 months and have a child. The attorney that we consulted with said that if he returns to Mexico that it is almost impossible to obtain legal residence due to wife, child and financial hardship. Then if you lie and say you have never been in US. How would you have a marriage cert from here and a child. Unless you have a stamped passport and proof of entry into Mexico and got pregnant while meeting your husband there would it work. Our attorney said basically our only hope is to wait for the government to reinstate 245i or another amnesty or work program. There is pretty much no hope of 245i to be reinstated right now. There is hope, however, for a bill called AgJobs that may help in my situation as my husband has worked on the same farm for 6 years. Our family situation is good and I have a loving husband and family. I just thank god every day for the blessings he has given me in finding a good husband. We are financially stable, own a home, both work, etc. We do fear deportation if we take a wrong step so pretty much it's just a waiting game and lots of praying that some form of legalization with penalty will come along. Where we live illegal workers make up 90% of all farm labor so hopefully something will give soon. Good luck!! Also, get an attorney!! I heard that trying to do this on your own is near impossible. Where do you live? Check with your local Catholic Community Services agencies or use the internet. We got a free consultation through an immigration attorney within an hour from where we live through a Church Organization. They do charge for their services but less than half of what a for-profit agency would charge. You would not want to make a mistake that would bar your husband from the U.S. for 10 years.

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                      • #12
                        Pepper,
                        Moondin may or may not mean well with his advice. However, in order to do what he's telling you, you would have to construct some pretty elaborate lies. If you were caught, it could pretty much ruin your life. It's best to do things legally. Your husband's violation of immigration law means that he already has the cards stacked against him. The waiver, I believe, is 610, but I'm not sure. You can download all of the forms you need on the BCIS website. It is best to consult with a lawyer, even if you don't hire him/her. I know they are expensive, but the process is extremely complicated. I think I have already made some mistakes myself that may hurt our case. You can get a lot of info from this board, but remember that most people here are not lawyers. We are just people with similar situations.

                        PS I recognize your name (Pepper) from the International Couples Website. Is that you listed on there?
                        Have a nice day

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                        • #13
                          Hi- There are many suffering in your situation. I believe the pogram likely to pass that would best benefit you would be the DREAM Act, assuming that your spouse has *not* been working in agricultute in the past couple years. Of course, you seem to already realize that it is problkematic that he never finished school. But it is never too late. Most locations have free classes to prepare to take the GED in Spanish. He would, then, be able to recieve conditional residency- not even having anything to do with his marriage to you are parentage of his child citizen. He would, however, need to complete 2 years in University or military. It may sound like more than he is ready for, but education is always a good thing, and will imprive the lives of all of you- whether you eventually stay here or in Mexico.

                          As for K1/K3 visaa, many people forget that the re-entry bars do not apply to those who have been in the US, but for less than 6 months. But I wholeheartedly agree that he should not commit fraud and lie about his presence.

                          It is so surprising to me that Moondin is usually on his high horse about how he so meticulously follows the letter of the law, but in this instance is repeatedly insisiting that you commit fraud in your applications. I almost wonder if he wants your husband deported...

                          They say that the waiver- it is called 601, has a 90% approval rate in Cuidad Juarez (the only place in Mexico to get an immigrant visa). He would, however, run the chance of denial and then be subject to the 10 year bar.

                          Good luck, and Feliz Navidad.

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                          • #14
                            I wish you all the best of luck! My husband and I have been married 8 years, going on 9, and we are still waiting for AOS interview, it has taken 4 years to get to this step, so it is a long hard process. Once one has entered illegally they can not go back home to visit until AOS has come through.

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