my finace is completly illegal help!

[ravenwifenow]

my finance is from mexico he has been in usa about 2years but has no legal visa passport etc.i would love to help him and to marry him,but im confused as to how this is done because he already lives in usa has a job and wants to stay here without returning to mexico.if anybody knows how this can be done legally and without hiding please help me thanku so much

 

[zhm]

are you a citizen?

If you are, everything will be fine. Just get married and file i-130, I-485, you dont have to hide the fact that he is illegal, he will be forgiven since he is the spouse of a USC. Good luck.

 

[GotPR?]

If "no legal visa, passport" meant he crossed the border without inspection, you can do nothing even though you are US citizen. You need to check how he entered the US.

 

[a_usc]

I don't think being a USC helps if you are present in US ilegally - just like GotPR said. If a person has been out of status - it is forgiven the USC spouse sponsors him/her and the AOS is approved, but being in US ilegally is an entirely diff thing.

I think he should go back to Mexico, and have the USC spouse file an I-129F (fiance visa). This way he can come to US legally and they can get married here, after which, she can file for him - this is my understanding. Someone with better knowledge on the subject, please feel free to chime in.

PS: I have presumed that returning to Mexico, even though he had been here ilegally will not invite any ban on entry to US. Failing this presumption (ie if this is not true), the I-129F thing would never work.

USC

 

[sometime2006]

Do a search under my username and you will see a similar post with a link to a good forum with lots of people in your same situation.

Basically, you can still file the 130... But you cannot adjust status in the US if entered without inspection (EWI). He will need to return to Mexico after some paperwork is done in the US and then file a waiver (601).