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My boyfriend and I are discussing marriage - he is Mexican - we have known each other for 6 years - he is not here legally - he was caught coming across the border a couple of years ago -that is the one thing against him - he went to HS here (offered a scholarship, couldn't accept because of status), has worked the whole time -will he HAVE to leave the country when we get married?
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My boyfriend and I are discussing marriage - he is Mexican - we have known each other for 6 years - he is not here legally - he was caught coming across the border a couple of years ago -that is the one thing against him - he went to HS here (offered a scholarship, couldn't accept because of status), has worked the whole time -will he HAVE to leave the country when we get married? -
No he will not have to leave USA just because you get married. He will just continue to live with the fear of being caught. Will getting married change things for him? NO.. not here it wont. He will not be able to adjust status on US soil. He will have to return to mexico and have waivers filed and approved. but Im not sure if even the waivers are an option for him becuase you said he was caught and sent back after sneaking in. Now you say he snuck back in again after being returned. This is not good.. USCIS kind of frowns on thumbing your nose at them. I dont believe there is any forgiveness for that or its going to be even extra hard.Comment
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Thanks for the info -I know it is not going to be easy - he is the only one in his family w/o legal status - family issues is why he returned to Mex and then came back here -Comment
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He will have to leave the country to get his greencard. If he was caught once and they took his name or fingerprints, there is a chance he could be barred from life from this country. Think long and hard about your relationship. Are you willing to move to Mexico if things don't work out? If you are willing to do that for him, then you're relationship is gold and you'll have a good life together no matter what happens. If you have to think twice about whether you would move to Mexico for him, then you'd better think twice before you marry him and have his children. Good luck. I'm married to an illegal Mexican myself and am willing to move to Mexico if his green card doesn't work out. Of course, my hubby only crossed the border once and was never caught, so the chances are good that he'll eventually have his greencard.Have a nice dayComment
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Section 212(a)(9)(C) of the immigration and nationality act refuses to allow anyone that has been removed/deported and then re-entered the USA (illegally) from filing a waiver.
It is a very tough section of the law!
Thus, unless the removal and re-entry occured prior to 1996, your only chance NOT to marry him here in the USA - you would have to sneak him back out of the country and then apply for the K1 fiance visa.
If you are really really lucky when they run his fingerprints his deportation will show up, but they will have no record of his re-entry afterwards... meaning that you could tell them that you met in Mexico or on the internet or something.
This is a very risky avenue to take, but unless you are willing to live in another country for the next 10 years...
I would highly recommend looking into other countries, like Canada, so that you will have a Plan B, in case the scenario I have offered does not work for you.
For more information come to www.immigrate2us.net.Comment
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