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    I am a US citizen involved with an illegal alien.. We have 1 child togetther and have not gotten married yet because of INS issues. Our child is 7 mos old. I want to marry him but am not sure on exactly what to do withINS. If we get married here in the US what do I need to do to start the ball rolling for his papers. Would he have to go home to get them? How long would the seperation be? I am confused because after reading info on this board it seems like there are many things I could or can not do. PLEASE HELP

  • #2
    I am a US citizen involved with an illegal alien.. We have 1 child togetther and have not gotten married yet because of INS issues. Our child is 7 mos old. I want to marry him but am not sure on exactly what to do withINS. If we get married here in the US what do I need to do to start the ball rolling for his papers. Would he have to go home to get them? How long would the seperation be? I am confused because after reading info on this board it seems like there are many things I could or can not do. PLEASE HELP

    Comment


    • #3
      the most important question is how did he get here??
      With a visa ? Then you do not need to worry just marry him and file for AOS
      if he came him without inspection then you are facing a big problem here and you will need a waiver for that which is usually hard to get approved.
      if I were you I would rather do this back home it takes less time than doing it here and less headache.
      good luck

      Comment


      • #4
        He cam euninspected. What do u mean do this at home? In his home? We do not have the $to go over and get married. Now. Please explaion further. Thanks for your reply

        Comment


        • #5
          He cam euninspected. What do u mean do this at home? In his home? We do not have the $to go over and get married. Now. Please explaion further. Thanks for your reply

          Comment


          • #6
            First of all, Congratulations with your 7 months old baby.

            This may not sound a good news to you, but you need to do this legally and wait patiently.
            The only relief with entering without inspection was through 245i, that expired April 2001. Ask for lawyer's opinion, if $ is an issue, there are Catholic Charities Legal Help (CLINIC).
            The i-601 waiver is only applied to all who entered with inspection but committed misrepresentation such as fraud.

            God bless you and your baby!

            Comment


            • #7
              With this waiver to apply for it, would he first have to be back in his home country or can we take a chance at that here and him not have to leave.

              Comment


              • #8
                If your question is about the original post, he entered illegally thus made him ineligible with the fraud (i-601) waiver. But if you are referring to someone who entered here llegally, he can apply for AOS (Adjustment of Status) then, INS will request them to file a i-601 waiver after the discovery of the misrepresentation.

                Comment


                • #9
                  What waiver does one need if they entered without inspection? I thought it was the I-601.

                  Comment


                  • #10
                    The relief for entering without inspection is 245i.

                    Comment


                    • #11
                      afriend is right. Without inspection, there is currently no waiver -- unless someone else knows of one??

                      Comment


                      • #12
                        I'm trying to get this right. My wife entered without inspection. She went back to her country, we filed the I-130 , got approved, awaiting for her packet 3. We know at the interview they will deny her a visa. I was under the impression I would have to file a I-601 waiver for her.

                        Now, if the I-601 waiver doesnt apply for our situation, what waiver does?

                        Comment


                        • #13
                          as your fiance' entered uninspected, it is best that he goes back to his home country and apply for a fiance' visa (K1) or, get married, send himn back home and apply for a K3. either way, it is best that he go home first.

                          Comment


                          • #14
                            you are on the right track. I was talking about AOS, Adjustment of Status here in the US. I understand that your wife is outside US right? That's a different story.

                            Comment


                            • #15
                              also rpc... didn't your wife leave without being deported? I think that makes a difference as well!

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