fiance vs. spousal visa

[angie99]

I have 3 questions and would really appreciate any help or advice or further suggestion in the matter. We have consulted two lawyers but are open to anything.


My husband (actually we had a wedding but without a state license so for the law we are not married..this was reccomended by a lawyer) is from Mexico and is illegal. He entered on a tourist visa which had expired beyond 180 day. He went to renew it and he was denied and his passport stamped. He has continued to take english classes at a community college and work for the family's business. He is professional and wants to work sooner than 10yr which I understand is the bar placed on visas of those who are illegal and get married.
a lawyer suggested he 'disappear' from the US and return legally. So as of December 2005 he has appeared to go back to mexico and work at his old job. His 'boss' is basically moving money in and out of his bank account like he is working there... he will not take anymore english classes here and transfer his car to me. I even plan on making several trips to mexico to prove I am visiting him as well as we plan on writing back and forth to each other. We will continue this until September at which time we hope to get pregnant....... then apply for a visa..... the question is...
what should we do.... apply for a fiance visa? or.... get married in mexico and then try to apply for a spousal visa??? which would be faster or more importante more plausible.

My other question.... I have had 2 boyfriends in the past that i applied for fiance visas... one in chile and one in argentina... the application was accepted but I broke up before they ever interviewed and received a visa.... will this hinder any process in apply for a spousal or fiance visa with my 'husband'?

Will hiring a lawyer in Mexico or here make any difference in the process.. I almost get the impressions from the lawyers that we talk to that there isn't really anything to do except wait.... one lawyer even suggested we wait until the law changes.. hehehehe I just laughed... yeah right.

thank you for your time
angie
akiselyk@hotmail.com

 

[mikew151]

The problem is he already got 10 year ban on him and he may not be able to come back here for 10 years. But I read some exception here in this forum that you might be able to apply or waive that ban if you married to USC. Try to search on this forum.

As far as I know he will be denied for fiance visa if there is a 10 yrs ban on him. Try to talk to a local immigration lawyer here in US see what they say.

 

[angie99]

fiance vs. spousal

wow.. I didn't think about that.... I mean I knew there was a wavier you could apply for... but according to the lawyer we talked to ... that was 80% of his clients and basically he said it was hopeless.
his passport is good but he was denied a tourist visa renewal.
Well if that is the case that the 10yr ban is in place regardless.. then it doesn't matter if we get married here in the country or in mexico for the law or not? wow
man this is difficult... especially when thinking about having a family.
wow.
angie..
thanks

 

[cherr1980]

The problem that he had is kind of different. Because he enter in a B2 visa but he overstay, but his overstay over 180 days has nothing to do that you won't be able to apply for him. Now you said about "he went to renew it", he went to renew what? and where? If you are referring that he apply within the US for an extension and got denied then his visa is cancelled.
I would check with a new lawyer because I don't understand how a "real" lawyer wants you to marry falsely. Check if that lawyer of yours is member of a bar or has legal experience in immigration especially in cases like yours.
I don't know if he is consider for a waiver since you apply for a waiver when you are "legally married" and the person enter without inspection or the person exits the country and then he is on the 3/10 yr bar.
Actually getting marry in the US has nothing to do with immigration, the part of immigration is about stay legally in the US (after you got married with a resident or citizen of the US).
The other part is that making presumptions that he is working in one place when he is not (it is my understanding that he is in the US), that is call fraud and actually could put things even worst if they find it out.
A "real" lawyer shouldn't tell your boyfriend to "desappear"? when you exit the US you must surrender your I-94. And you must submitt documents to support so when you apply for benefits. When you exit and enter the US that gets in the system.
How long past when you applied for your previous boyfriends?
Good luck,