Need Good Advice please

G

gecko123

New Member
I am engaged to a Mexican who does not have legal status and never has. We are trying to decide if it is better to marry here or in Mexico, or if it even matters. Will Immigration even consider approving petitions (I-129 or I-130) if we are honest in saying my fiancee has been here illegally? What are our options??? Input/advice is appreciated, thanks
 
me too

I am in the same situation. He is from michoacan mexico and i am from wisconsin. I am not sure which visa to apply for? keep me up to date on what you decide to do.
Lupita
 
I understand

I understand completely...if he is still here..get your papers together quickly and send him home to wait. Let him come back with a I-129F and immediately get married. It looks better that he left on his own accord. BE HONEST.

Brenda
 
since your fiance did not enter the US legally, then they cannot adjust status to permanent resident since they do not have a legal status to adjust from. THe only solution is for the fiance to leave the US and then re-enter legally on a fiance visa(K-1) or a vistors visa(B-1) or some other type of visa. Alternatively, they could remain outside the US and you could file the I-130 and then wait for consular processing.
 
Not sure what to think!!

:confused: We went to talk to a lawyer this week, and the news was not too good. Since he would have to say he has been here in the US illegally, that counts as a huge strike against him...and could possibly mean a ban of 10 years anyway. I don't think they would ever approve an I-129F for fiancee or an I-130. Right now the best option to us seems to just lay low and wait to see what happens with the legislation. If that doesn't go through... well we will just have to see and reevaluate our options. Please let me know if you have any other advice/updates. Is there anyone out there that has already gone through this, and actually got their petitions approved? Thanks
 
If he plans to go home on his own and then we apply for an I-129; Did the lawyer say if there be any benefit because he left on his own, although he was here without permission? Is there a question on one of the forms that you fill out asking if the applicants spouse has been illegally in the US? Finally, would anyone ever know if my spouse has been in the US if he does not have a criminal record?
 
The lawyer i spoke to said the best thing we could have done was that he went home of his own accord. He had no problems while here-no laws broken other than here illegally-and never anything in Mexico. He also was not in the US that long. We did not lie about how he came here.
I know too many people that are here illegally and have been for years. They have been arrested for drugs, domestic violence, and driving without a license...they are still here-no deportation. Here is a man that never had anything negative on his character, begging to be allowed entry legally, why should they penalize him?
Right now I have a student in my classroom that is illegal and so are his parents. They have been in the US for 8 years. Will they be deported? No. There must be consistancy in immigration laws. I am also offended that if someone marries, everyone assumes it is for a green card. I have had many people ask me that; as if I am doing this for the money. Most people just don't get the whole process.
 
still not sure

Here is here illegally but has no record with the police except for maybe (and i am not positive) a speeding ticket. Do you think it would be wise for him to go back to mexico and then I should just apply for a k1 visa? Has anyone else recieved a visa this way who was previously in the US illegally?
 
When one has been in the US illegally it is not the I-129F that would be denied, but the actual visa. The opportunity would then be given to file a waiver. Check out www.visacentral.net for Laurel Scott's info. A very experienced lawyer with CDJ and waivers. Also www.immigrate2us.net for a wealth of information on waivers and hardship letters, especially at CDJ.

All the best to you.
 
A little more news

Thanks for your comment Aussie. Sorry to all posting, I haven't responded for a while on this thread I started. Anyway, We went to talk to another lawyer, who was a little more optimistic. She told us what Aussie said above... Get married, file the I-130, wait for processing. Then we will have to file a waiver (basically saying sorry I've been here illegally, but here are the reasons you should let me stay). From what I picked up from this lawyer, it is better to stay here rather than send him home (of course depends on the situation) - like once you're out you're not coming back in. In your case DestinyMD how long has he been here? It is risky saying that he has never been here for several reasons:
- If he has a US ID of any kind
- Any kind of police record (even speeding tickets - I don't know but I wouldn't risk it!) and especially if they have ever taken his fingerprints
- If he has been here a long time, he would have to prove being in Mexico for the time period
- You would have to prove that you have a real relationship (and they are not dumb, you cant just make something up)
If they catch you lying it is likely they will ban him completely from the US.
And Nomasesposo your lawyer said send him home.... What have you done/ what happened in your case? (I'm afraid to ask b/c of your name)
My last comment is just what this last lawyer made me think....
If you file, and go through the process.... either you get residency or you waste time and money, but you know what the decision is...
If you don't do anything and remain here illegally, you will always be looking over your shoulder, and if they do catch you, you are for sure out 10 years.
It made me at least want to try..... Thanks
 
Thanks for the information.
Yes my fiance has been here for a long time. It has almost been 6 years. I am going to check out the websites that Aussie put up. Thanks again :)
 
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