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Thread: new and ignorant!

  1. #1
    Hi, i just joined a few minutes ago and thought what a better way to start out my membership with a daunting question.
    I am engaged to an illigal from Mexico, weve been together for a year now, have known eachother for 2 years. We want to go to Mexico this comeing year to begin construction on our house...my question is this..Do we need to apply for everything before we go or after we are in Mexico?
    and what is the first thing I need to do?
    I appreciate NAY help with this!
    Thank you..(also, he came here undocumented, thats how he is illigal)
    j

  2. #2
    Hi, i just joined a few minutes ago and thought what a better way to start out my membership with a daunting question.
    I am engaged to an illigal from Mexico, weve been together for a year now, have known eachother for 2 years. We want to go to Mexico this comeing year to begin construction on our house...my question is this..Do we need to apply for everything before we go or after we are in Mexico?
    and what is the first thing I need to do?
    I appreciate NAY help with this!
    Thank you..(also, he came here undocumented, thats how he is illigal)
    j

  3. #3
    Welcome to the board. You are, unfortuately, about to get a very rude awakening to the realities of the American Immigration system as currently comprised.

    First of all, you can file nothing for your fiance at this point, or do nothing, for him until you marry. There is a K-1 fiance visa, but that requires him to leave and apply for a visa in Mexico, and he will not be granted it for the reasons I'm about to discuss.

    Secondly, after you marry, you can file an I-130 for him, that is the immigrant visa petition. However, he is ineligible to adjust status in the U.S., so he's going to have to leave and go to Mexico. Here's where it gets unpleasant. As soon as he leaves the U.S., he's going to be subject to a 10 year bar to being re-admitted to the U.S. because he has accrued more than 1 year of unlawful presence here (in his case from the time he walked in up to the time he leaves). To avoid waiting 10 years to request being granted an immigrant visa, he's going to need to apply for a waiver for his grounds of inadmissibility. There is no guarantee he'll receive the waiver, and if he doesn't, he's stuck.

    If this occurs, it's highly inadvisable for him to attempt to re-enter without inspection again, as this would lead to even more serious consequences.

    Please note all this is assuming he has never had a petition filed for him by a USC or permanent resident family member or employer. Has anyone previously filed a petition for him before April 30, 2001? If there is an approved labor certification for employment, I-140, or I-130 with a filing date before April 30, 2001, then you're in luck. Just file the I-130 and I-485 together, but DO NOT LEAVE the country until he has the green card in hand.

    Good luck.

  4. #4
    What about freinds i have had that have married and retained there papers in a few months, even though they entered illigally? He has no record of anything, hes done pretty much nothing but work since he got here,we are going to Mexico in April getting married here in the US in January. We have plenty of documentation of our relationship, pictures letters, house together, car together, family outings etc...is it really going to be that complicated? It sounds like entering hell to me!
    Anyways, any other advice is welcomed..
    J

  5. #5
    Someone12
    Guest
    contrary to popular belief, the US of A actually has laws to protect its borders,...called immigration laws.
    Of course, there are millions of irresponsible illegal aliens who ignore or disrespect those laws, sneaking across our borders and quickly searching for the next village idiot to marry, hoping to get a green card.
    One of the hallmarks of being a responsible adult is to obey all the laws of a sovereign nation, not just the ones the illegal thinks he or she should obey.
    I say ship every illegal back to their own country and let 'em enjoy several years of thinking about where they went wrong when they decided to thumb their runny noses at our rules.

  6. #6
    If your friends entered illegally and then got their status adjusted easily, with no waiver, were they honest on their applications as to where they had been living? Blacksword outlined the process-the waiver is to show hardship to the citizen spouse if their spouse is not allowed to adjust status. Things such as-living in the spouse's home country would be a hardship, career wise, money wise, due to health issues, etc. However, you said you all are going to build a house there. You may want to consult with a very good immigration attorney.

  7. #7
    You have to apply before you go and make sure you are married before you file.Good lucky

  8. #8
    Why do they have to file anything,they are going to mexico to live,all they have to do is buy plane tickets

  9. #9
    If you are going to Mexico to live you just fly or drive out. Once you are there and married, you can apply for your husband if you are coming back to the US. Best option

    Other than that, you will need to get married here and then apply for your/his documents. An immigration lawyer can help you with the waivers. not best option but workable.

  10. #10

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