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How can we make the love of my life legal?

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  • How can we make the love of my life legal?

    I have been married for one year to my husband by God, but not the government. I was born in the US. He was not. He has been here eight years and arrived illegally from overseas. He is a good, honest, hardworking man. We want for him to be legal. Please, can anybody shine some light for us?
    Thanks and good luck to all.........tezkiah

  • #2
    I have been married for one year to my husband by God, but not the government. I was born in the US. He was not. He has been here eight years and arrived illegally from overseas. He is a good, honest, hardworking man. We want for him to be legal. Please, can anybody shine some light for us?
    Thanks and good luck to all.........tezkiah

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    • #3
      You cant really do anything if you are just a 'common law' wife, which US law doesnt recognize. You can marry him, file the 1-130, but he will have to return to his country and you will have to file the 1-601 waiver. He is subject to the bar for his entry without inspection and the overstay. I'd consider getting an attorney because you all have a fight on your hands.

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      • #4
        I am commonlaw simply because we do not want to draw attention to his status by putting him in the system. Also, he entered illegally-no overstay. Do you know a good place to get info on 1-130 and 1-601? We don't know what these are.
        THANKS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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        • #5
          Please email me tezkiah. I am in the same situation your are... We can exchange info. my email address is jlcrabtree@aol.com I have several emails that are in the hands of layerers and former ins officers// They are looking up some info for me. k3 visa may be the best route for us.... email me and ill forward the emails to you when they respond this evening i just got of the phone with all of them and are awaiting there emails.

          Comment


          • #6
            you can check for the criteria of K visa on the www.travel.state.gov website. Its for foreign spouses who live abroad only. K visa was created so that spouse's abroad would not have to wait so long to enter USA. The K visa is not appropriate if your spouse's are in the USA. Get legally married, and file the 1-130 which is the spousal petition, await the decision from the INS, and then in the interim read up on filing of the 1-601 waiver. Here you have prove that your spouse having to reside in another country will be hardship on your family. This is biggest battle.

            Comment


            • #7
              By filing for a k-3 they may not have to wait as long to get to the waiver stage. They skip the usual long wait for the I-130, wait on the I-129f, go right to waiver. With the k-3 the spouse has to be out of the country for the interview but seems like I read where some are actually waiting in the states and then leaving. The spouse won't be able to re-enter the US until waiver is approved but apparently the wait on that in Mexico is not that long. Of course they need legal advice, just sharing things I've noticed.

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