advice about marriage

[nekolasa]

I have been living with, and dating an illegal from Mexico, for about 9 months now. We are getting married in 8 weeks, or sooner . I have searched numerous immigration sites, and found soo much paperwork, I don't know what I need to fill out, and what is garbage . I would like him to be able to work here and travel back to Mexico to visit his mom, as soon as he can. I know it is a long delayed process for the actual citizenship/visa yahta yahta, but someone told me, you are issued a temporary as soon as the consul receives the documents to file. I was also told that this temp visa, would allow him to enter Mexico, and return to California, with no problems. Is this true? It sounds to easy to be true. I would like to get married A.S.A.P., but don't want to ruin the chance for him to visit family at the end of the year for his sisters 15th b-day. Please, if anyone has some advice on forms to file, or things I should do, I would greatly apreciate it.

[nekolasa]

I have been living with, and dating an illegal from Mexico, for about 9 months now. We are getting married in 8 weeks, or sooner . I have searched numerous immigration sites, and found soo much paperwork, I don't know what I need to fill out, and what is garbage . I would like him to be able to work here and travel back to Mexico to visit his mom, as soon as he can. I know it is a long delayed process for the actual citizenship/visa yahta yahta, but someone told me, you are issued a temporary as soon as the consul receives the documents to file. I was also told that this temp visa, would allow him to enter Mexico, and return to California, with no problems. Is this true? It sounds to easy to be true. I would like to get married A.S.A.P., but don't want to ruin the chance for him to visit family at the end of the year for his sisters 15th b-day. Please, if anyone has some advice on forms to file, or things I should do, I would greatly apreciate it.

Hi Nekolasa,

Did your future husband enter the US on some kind of visa and overstayed or he sneaked across the border (entered without inspection)?

The process ahead of you depends on the way your boyfried entered the US.

[Houston]

The important factor to remember here is how this alien entered the U.S. If the alien was inspected and admitted at the port of entry, the overstay is irrelevant and he can adjust status in the U.S. If the person entered without inspection (border jumper) the person cannot adjust status in the U.S. If this is the case, the person needs to return to his home country and apply for a waiver through consular processing.
This is not legal advice, seek legal representation if you require professional help.

[ren]

To houston, do you know what is an Alien? have you ever seen an Alien, it is very direspectful and de-moralizaing to refer to people in that manner. they are not from anotherplanet they are people just like you and me, who needs our help and if you cannot keep an open mind then do not answer posts, would you like to go to another country and someone calls you an Alien? will you feel good about it?you are not doing anyone any good on the discussion board.

[Houston]

"Alien" is a term used by INA and related legislation. One may or may not like the word, but as long as it's used by Congress it will continue to be the legal, official term to describe non-citizens.

[AliBA]

It's very disrespectful of illegal aliens to enter this country illegally, work illegally, and perhaps commit other crimes such as identity theft and fraud. Begin as you mean to go on. If you want to be treated with respect, then act in a way that makes you worthy of it. Sneaking in is not a gesture of respect. Lying to get a visa is not a gesture of respect.

[spring]

Ren, I see aliens every day. Illegal as well as legal. It is a commonly used legal term referring to the legal status of an individual. The initials IA are commonly used when the person is an illegal alien. The word "alien" was not invented just to use in the movie ET. It has been here for centuries and is not disrespectful at all. In Merriam-Webster dictionary it states the following:
Main Entry: 2alien Function: noun
1 : a person of another family, race, or nation
2 : a foreign-born resident who has not been naturalized and is still a subject or citizen of a foreign country; broadly : a foreign-born citizen

[Glühbirne]

Since he's from Mexico, I will assume that your boyfriend entered without inspection (sneaked across the border).

As the law stands now, he will not be eligible to adjust status without leaving the country. He will have to go to Juarez for his immigrant visa interview, where he will be denied, since by leaving the US, he will trigger the ten year bar for unlawful presence. At that time, you will need to file the I-601, which is a petition asking for a waiver of the ten year bar based on the hardships that moving to Mexico would cause you, the US citizen wife. In Juarez, at least 90% of these are approved, which means if you put some time into documenting your hardships well, you don't have much to worry about. It is taking about six to nine months for these to be processed, so at the very least, your husband would have to live back in Mexico for that long.

Now this is all assuming that he only entered the US illegaly one time, was never deported, never had any problems with the law, and never claimed to be a US citizen.

YOu will find a lot of info on http://www.immigrate2us.net, as well as a far less hostile atmosphere. Please don't let these guys scare you off. There are a lot of people out there with good advice and personal experiences to share.