Please advise me on marrying an illegal alien

M

monalisame

New Member
Please help me. I want to marry a man who came to US illegally. He has never had any papers whatsoever. I am a US citizen. My understanding of the process is minimal. We need to be interviewed to make sure we are not doing this for business reasons, correct? What else do we need to do?

Our goal is for him to be able to travel home to Mexico and be able to safely come home to US. Is marriage our only option? (We want to marry regardless).

Should we marry before the interview or after? What is the first step in this process? What forms need to be filed?

I appreciate any advice you have to offer. Thank you
monalisame
 
Was he inspected at the border (i.e. entered legally) or did he enter illegally? The problem is that illegal stay is forgiven when you marry, but illegal entry is not, and it will not allow him to adjust status to become a permanent resident unless he had an approvable immigrant petition pending some time in 2001 already.

I'm assuming he's been here for years so probably subject to a 10-year bar on entry. One option is for him (or both of you) to go to Mexico and wait out the time until he is allowed back, and then he can re-enter legally through consular processing or a K-3 visa. (Unless the law changes until then ...) There are some threads where some people from Mexico have claimed the actual wait imposed on them was much less then 10 years, but of course I have no idea if this is true and what it depends on. Anyway, the law says it's a 10 year bar.
 
Last edited by a moderator:
I would definitely agree with jamesbrown that, if you decide to file a petition, you should get a good lawyer for your specific case. But, I think the community here can give some good insight as to what you're up against in your case. You don't want to be in a situation where a lawyer takes your case to make $$$ off of you for an unapprovable case.
 
You'll need to be aware of the things you have to agree to to Adjust status for him after marriage. You'll sign and be legally bound to support him for 10 years (or until he is a US citizen, which will be at the earliest 3.5 to 4 years after you marry him due to the time involved in getting applications through the system, but after he gets his greencard, you can apply 3 years later for citizenship for him.) He'll also have to go to a civil surgeon and get tested. There's cost involved for the civil surgeon test, which may be as high as $400 perhaps more. Other expenses involved in getting pictures of both of you to send in the application, putting together your tax forms and other information for your application, copying fees, etc. You have to meet a minimum amount of income over the last several years to sponsor him and if you don't meet the minimum requirements, then you'll need to find a relative or friend that will agree to sign their name with you. You need to make sure he isn't married to someone else before you do anything with him.

There's other expenses involved, such as before the 2 year anniversary of his greencard, you have to send in another application to renew the greencard the fees have gone up for this so I don't know what the costs is now. Then if he wants citizenship after 3 years of having a greencard, again you have to send in an application and about $1050 for processing.
 
WOw, this is getting pretty involved! Thanks for all the insight. It is truly appreciated.
I hope this case can be taken care of easily, but I doubt it will.

He said he swam across the river to enter US from Mexico. No papers at all. But he pays taxes here ( I have seen the paperwork ) and he has held the same job for 5 years, no legal troubles. Do those things go well for his favor?
Is there a good lawyer in Kansas City area that anyone recommends?
THanks,
Lisa Monalisame
 
Illegal employment does not look good on anyone's account. Paying taxes does help though, because that is all the US government really cares about.

But you will need a lawyer, because he will not be able to adjust status here, he has no proof of legal entry.

try www.ailalawyer.com
 
monalisame said:
Our goal is for him to be able to travel home to Mexico and be able to safely come home to US. Is marriage our only option? (We want to marry regardless).
Click to expand...

Your statements sound strange to me. Are you sure he isn't married already?
Also sounds like "you" want to marry him, not he marry you, except to allow him to travel. Do you have any friends that you can ask for their advice? Get some second opinions from people that may see things more clearly than you before going into marriage.

Also, is it possible for you to fly down to see his family?
Maybe he can't do it, but you can.
 
Last edited by a moderator:
monalisame said:
WOw, this is getting pretty involved! Thanks for all the insight. It is truly appreciated.
I hope this case can be taken care of easily, but I doubt it will.

He said he swam across the river to enter US from Mexico. No papers at all. But he pays taxes here ( I have seen the paperwork ) and he has held the same job for 5 years, no legal troubles. Do those things go well for his favor?
Is there a good lawyer in Kansas City area that anyone recommends?
THanks,
Lisa Monalisame
Click to expand...

How does he pay taxes with no papers? No papers= NO SS#. If he swam across the border he sure didn't get one. If he uses a fake one, or someone else's, I would not bring this to the attention of the IO if you do go for your AOS interview. I know illegal overstay and employment are forgiven, but don't know about fake documents and using somone else's SS#. If you have seen his papers why not ask him?


Married to US Citizen November 11, 2006.
Re-date for I-485, I-130, I-765, 12-11-06
NOA- I-485, I-130, I-765- 12-14
RFE I-485- 12-26
Biometrics(code 3)- done 01-29-07
RFE Received- 02-07-07
LUD I-765 - 02-23-07
Lud I-765 - 02-27-06 APPROVED!
ND- Interview(Tampa), 02-16-07
Interview Date - 03-20-07
LUD- I-485, I-130, 03-01-07
Interview- 03-20-07-APPROVED!!!
LUD I-130 Approved 03-20-07!!!
LUD I-485 Welcome notice sent, Card production ordered 03-23-07
LUD- Welcome notice received 03-27-07
LUD- I485 Approval notice mailed 03-28-07!!!
03-30-07 GC received!
106 days in all.
 
Last edited by a moderator:
I think IRS has a way for undocumented aliens to files taxes anonymously. I am not very sure about it so I stand to be corrected.
 
Danshikie said:
I think IRS has a way for undocumented aliens to files taxes anonymously. I am not very sure about it so I stand to be corrected.
Click to expand...

You have to have a SS#, or TIN number. I thought you had to show a status for the TIN number. Obviously everyone knows that you need a status for SS#
 
You still can pay taxes without SSN...the IRS is smart-a** people and they create the ITIN number...see more here: http://www.irs.gov/individuals/article/0,,id=96287,00.html#what

Please before you try to do things by yourself, hired a lawyer for further legal information. He CANNOT adjust status regardless that he marries a US citizen (you). If he marries you, he must go back to Mexico and wait. There are no turning arounds here and since he is no asylum position there is not too much to do. He cross the border without inspection...so there is not much of "way outs" here.

For the aline part being a hardworking person or on-time pay your bills and taxes does not count for benefits eligibility,as for you, paying your taxes does count to be able to petition somebody.

Good luck,
 
cherr1980 said:
You still can pay taxes without SSN...the IRS is smart-a** people and they create the ITIN number...see more here: http://www.irs.gov/individuals/article/0,,id=96287,00.html#what

Please before you try to do things by yourself, hired a lawyer for further legal information. He CANNOT adjust status regardless that he marries a US citizen (you). If he marries you, he must go back to Mexico and wait. There are no turning arounds here and since he is no asylum position there is not too much to do. He cross the border without inspection...so there is not much of "way outs" here.

For the aline part being a hardworking person or on-time pay your bills and taxes does not count for benefits eligibility,as for you, paying your taxes does count to be able to petition somebody.

Good luck,
Click to expand...

Cherr you are right. But I doubt this guy seriously applied for one of those, he swam across the border. Also if he filed taxes that means he worked. You can't us TIN # for work. This guy has a big problem aside from his illegal entry.
 
Most illegal employment also means Illegal use of someone else's papers... either fake or stolen (most times borrowed) identity.

But you SHOULD NEVER lie to USCIS.
 
PraetorianXI said:
Most illegal employment also means Illegal use of someone else's papers... either fake or stolen (most times borrowed) identity.

But you SHOULD NEVER lie to USCIS.
Click to expand...

I guess. Although I would be pretty pissed if he made the SS# and it happened to be mine. Read this story below it's about a guy who wrote a song about an illegal alien who stole his 10 yr old daughters SS#! Here is the link, and below the story.
Listen to the song.

http://bearcreekledger.com/2006/07/28/illegalsthe-song-by-dan-demay/

August 7th, 2006 by Irate_Nate Illegal Alien Stole 10 yr old girl’s identity By Toni at Bear Creek Ledger How would you like to find out your child’s identity had been stolen? You of course probably wouldn’t know until the child reached adulthood. Kern found out quite by accident when Hayley’s application for the North Carolina Children’s Health Insurance Program was initially rejected because her earned income was too high. Hayley is 10 years old. She doesn’t have any earned income. Guess the Social Security Administration doesn’t look at earned income for 10 year olds or 5 year olds for that matter. What she learned was that a man, an illegal immigrant in his 20s, had been working under Hayley’s Social Security number for the past six years. […] Rosario does not speak English. Through an interpreter, Knight learned that when Rosario came to the U.S. from Mexico at age 22, he was told he needed "work papers" to get a job. The working papers acquaintances provided was a Social Security card with Rosario’s name and a fraudulent number. He believed the number was the "work papers" that allowed him to work in the U.S. Knight said Rosario was at a loss to understand what he had done wrong. As much as I’d like to empathize with this Mexican man, I can’t. I find it difficult to believe this man has been in the US working for 6 years and is unaware of the political fight going on with illegal aliens in this country. The one consistency with this man though; he has been in this country for 6 years, he can’t speak any English and yet has a drivers license and vehicle. I’m surprised he hasn’t purchased a home yet! The mother, Shelly Kern now has the terrible task of trying to clear her childs identity. Clearing your child’s name can be just as frustrating and infuriating as clearing an adult’s name. Kern said maybe more so. First, she was referred to the regional Social Security Administration office where she was told there was nothing they could do. They sent her to the Employment Security Commission. Neither agency nor the DSS has enforcement powers, so Kern went to the Star Police Department. […] When Kern tried to order a credit report on her daughter, she hit obstacle after obstacle. 0nline, the credit reporting agencies want credit information that her daughter, at age 10, does not have and she cannot get a credit report for Rosario, no matter that the Social Security number is fraudulent. She has appealed to the N.C. Attorney General’s Office for assistance. Apparently this has been happening for years: The practice of stealing, selling and using Social Security numbers from juveniles began over 20 years ago in southern California and has spread throughout the country. Apparently, the SSNs are obtained through brokers, who are primarily Permanent Legal Residents. The "brokers" physically monitor court house records of newborns, and obtain their birth registry issued SSNs from open public records, or from other Permanent Legal Residents/Naturalized Citizens who are employees of city and county government that have access to tax records. The reason this illegal practice has been relatively successful is that the IRS/SSA doesn’t note that one to five year old children shouldn’t be working, despite the SSA records that show the age of number holders. Also, ICE (Immigration and Customs Enforcement) is not known for pursuing this line of investigation. If you have children you should really read the rest of this story since there’s more information covered that you should know. The Courier-Tribune :: News Page H/T to Alipac Forum And of course, I want to give a bit of promo to Dan Demay’s song - Illegal. _________________________________ This has been a production of the Guard the Borders Blogburst. It was started by Euphoric Reality, and serves to keep immigration issues in the forefront of our minds as we’re going about our daily lives and continuing to fight the war on terror. If you are concerned with the trend of illegal immigration facing our country, join our Blogburst! Just send an email with your blog name and url to euphoricrealitynet at gmail dot com. Share the Irate:These icons link to social bookmarking sites where readers can share and discover new web pages. […]
 
Last edited by a moderator:
Yes you can't use it for work...does not mean that you can get anyway (if you know what I mean) a ssn that is not yours. And anyway there is not even need of an ITIN, if the person gets a ssn card in the black market he can use it for work and for whatever...

Worker or not a worker is not an issue here. Work without papers is not punish by law, only to the employer. the burden is to the employer to verify that all the papers are legal and he is the owner of them (which is easy to fake). So he has no problem about work or not, his problem is that he never was inspected and he can't adjust status...the law it's pretty clear on it and sorry, but this is not new.

She needs to hire a lawyer to know the full scope of their case and what can be done and one that especialize in this type of cases...be sure to ask "how sucess rate or how many other cases of this type they have work into" and what are your chances. You are the one who will pay for the lawyer.
 
You must log in or register to reply here.
Top