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Thread: We need help - what happend if an illigal mexican gets marry here in usa to an american person?-

  1. #1
    Hi i have some frinds he is mexican and she is from montana. he is illigal and they want to get marry next month so he can have papers,
    the are a nice couple and the love echother alot....i´m mexican too i why i want to help them...to be sure they dont do some thing wrong

    he doesn´t have visa...he have nothing....
    just love for her....

    so is ok if they marry ?
    is him gonna be able to work ligal ?
    are they gonna have more problems ?

    what can they do ?

  2. #2
    Hi i have some frinds he is mexican and she is from montana. he is illigal and they want to get marry next month so he can have papers,
    the are a nice couple and the love echother alot....i´m mexican too i why i want to help them...to be sure they dont do some thing wrong

    he doesn´t have visa...he have nothing....
    just love for her....

    so is ok if they marry ?
    is him gonna be able to work ligal ?
    are they gonna have more problems ?

    what can they do ?

  3. #3
    They can marry, but under current law he won't get any immediate benefit. No papers. No work card. No green card.

    She can file a petition for him at the BCIS Service Center (see I-130 processing times). Eventually the approved petition will be approved and sent to the State Department. He can go to Ciudad Juarez and apply for an immigrant visa. The problem is he will have a bar to re-enter the US (10 years) and will have to receive a waiver. The process will probable take one to two years. During that time he will be stuck in Mexico. In the end he should be able to live in the US with her, but it will be very difficult.

    Another option is to get a good lawyer and go through the removal process. There are two results- greencard or deportation. This is very expensive and risky.

    There have been many other posts on this subject.

    The Grand Poo-Bah
    Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

  4. #4
    Lord,

    What exactly do you mean about going through the removal process in this context? Since the petitioner is an illegal (and presumably not eligible for 245(i) relief), unless I am missing something, this can only end in "removal"; ending in a green card would only be possible if they were eligible for adjustment of status (which, if he is an illegal, he would not be).

    I ask this question in all seriousness, because I have read your postings before and you are generally right on the money (in other words, I want to make sure I am not missing something here).

    Thanks,

    A. Halow

  5. #5
    Guest
    They'd better prepare themselves for a long, tedious journey. The immigration system does not care how much they love eachother. Laws could change so that he could adjust status without going back to Mexico, but they still need to have a plan B. She needs to be prepared to go and live in Mexico with him if things don't work out.

  6. #6
    Can the Mexican go back to Mexico & come back on a Fiancee Visa?? Does that also trigger the ban?

  7. #7
    Guest
    Yes...it will trigger the ban if he overstayed his illegal stay for more than 180 days or 360 days (180 for 3 years, and 10 years for more 360 days).

  8. #8
    Guest
    Ban not only apply for illegal immigrants, but also who came in to US with 'legal' paper, then expired by 180 or 360 days.

  9. #9
    The best solution i can see her even from other posts from different same kind situation...i may be wrong...but still...the way you came to US ilegal...why don't you go back to Maxico ilegally...then there should not be any ban i guess and then tell your spouse to come to maxico and get married or engaged and apply for K1 visa or CR1 category visa....i guess if you can enter US ilegally...it shouldn't be hard for you to leave US same way...i hope it might help you

  10. #10
    Guest
    That will be worked, but how if the forms need you to answer the question, "have you ever been to US?"...should they write "NO"...well I think it will be worked since they is no records about illegal immigrants came in to US. Oh well...life is full of adventures . Whatever it is at least, they trying to be legal. Thats a good things.

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