Marring an illegal person from Colombia SA

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renzobeman

Registered Users (C)
Hi I'v been with my fiance for 8 yrs and he has been in this country for 10 yrs and i was born in the US we have a 2.5 yr old son and we are getting married in Sept of 2010. How or where do I begin to look for help to make my fiance become legal in this country?
 
Too bad. To be eligible for a GC while in the US, he needs to have entered legally. There is an exception if he is covered under the 245(i) amnesty, but the deadline to apply for that was back in 2001.
 
So what do u advise us to do? Even being here in the US for 10 yrs and having an american baby and an american wife.
 
renzobeman said:
So what do u advise us to do? Even being here in the US for 10 yrs and having an american baby and an american wife.
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Hope for an amnesty. The fact that you have an American spouse and child does not overcome the bar on adjustment of status because of entry without inspection.
 
Well, Jackolantern said it right, I have a friend who went through the exact process, he came to the U.S. illegally is in the U.S for nine years marry a U.S citizen and they have a kid.
He was sponsored,in December 2009 got his EAD, SSI etc, now when he was call for the interview in Feb. 2010 his Lawyer told him not to go for the interview and now immigration sent him a letter and ask him to leave the country within 30 days or face deportation which i think triggers the 10 years bond. So you have to be careful what you are doing and get proper legal advice. Like Jackolantern said you must enter the U.S legally and also that proff is required when filing you papers. Good Luck.


This is not legal advice, I am neither a lawyer nor an immigration consultant in any way.
 
Rabin said:
Well, Jackolantern said it right, I have a friend who went through the exact process, he came to the U.S. illegally is in the U.S for nine years marry a U.S citizen and they have a kid.
He was sponsored,in December 2009 got his EAD, SSI etc, now when he was call for the interview in Feb. 2010 his Lawyer told him not to go for the interview and now immigration sent him a letter and ask him to leave the country within 30 days or face deportation which i think triggers the 10 years bond. So you have to be careful what you are doing and get proper legal advice. Like Jackolantern said you must enter the U.S legally and also that proff is required when filing you papers. Good Luck.


This is not legal advice, I am neither a lawyer nor an immigration consultant in any way.
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That sounds pretty realistic. What is hard to understand is why they issue this person an EAD and SS card, if in the end he will be deported anyway? doesn't that end up conferring on him some sort of status? of course, it doesn't affect the deportation proceedings, but still puzzling.
 
So should I go and marry him in Colombia ?? Someone said if he has been he 10 yrs and pays taxes than that proves he has been here for that long is that true ?
 
renzobeman said:
So should I go and marry him in Colombia ?? Someone said if he has been he 10 yrs and pays taxes than that proves he has been here for that long is that true ?
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No, he needs stay OUTSIDE the US for 10 years in order to qualify for a green card or visa to return to the US.
 
It is very simple. If he stays in the US, he cannot legalise his status. If he leaves the US, he cannot return for 10 years. It is not that difficult to understand. Are you clear now?

renzobeman said:
Someone said if he has been he 10 yrs and pays taxes than that proves he has been here for that long is that true ?
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You will need to start Consular Process for him, file I-130 and the uscis they will send the application to the embassy of Colombia, then your husband will need to go to the interview at colombia ( that's when his 10 years bond starts) there is wayout for this 10 years process, you will need to file I-601 ( Application for Waiver nof Ground of Inadmissibility). while you file I-601 you will also need to write a hardship letter along with the I-601, everything is a matter of time.
In order for him to comeback legally to the country, alot of people is going trought the same process.
 
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renzobeman said:
Hi I'v been with my fiance for 8 yrs and he has been in this country for 10 yrs and i was born in the US we have a 2.5 yr old son and we are getting married in Sept of 2010. How or where do I begin to look for help to make my fiance become legal in this country?
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You can review these two links: http://www.scottimmigration.net/I601Memo.pdf and http://immigrate2us.net/forum/forum.php They are very well informed about EWI(entry without inspection) and the I-601. Another thing, only a very experienced immigration attorney in I-601 processing will be of benefit to you. The I-601 is very difficult one to get approved on your own. After you have read the memo which is meant for lawyers but can be helpful go to the forum in the link and click on I-601 links. There you'll find all the experiences of people in similar situation.
Don't try doing this on your own. Only a good immigration lawyer will be able to advice you on this one. Any lawyer who tells you it will be a piece of cake to get the GC don't hire him/her. The I-601 requires a lot of evidence to prove extreme hardship to the US citizen relative if the alien relative has to leave the USA for a period of time. So be prepared to provide a lot of documentation to prove extreme hardship to you if your spouse was to be returned to Columbia SA.


Good luck
 
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