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Thread: Married to an Illegal

  1. #1
    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. #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?

  3. #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 =-

  4. #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?

  5. #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.

  6. #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 =-

  7. #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

  8. #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?

  9. #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 =-

  10. #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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