Question about my fiancee's I-130

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lauxim

New Member
My fiancee entered the US illegaly back in 1993. In 1997 his parents applied for the I130 and were approved. He tells me because he was younger than 18 he didnt need to fill out an application for I130 since he would be covered under his parents'. He is now 28 and we are getting married in two months. We'll apply to adjust his status as soon as we get married. Does anyone know whether he really is covered by his family's I130? I would really hate it if he had to leave the country.
Thanks!!!
 
Unfortunately, as far as I know, the fact that he entered the US illegally, that is he was not inspected at the port of entry, he is not eligible to adjust his status and even though you marry him, his I485 will be most likely denied because of this and the denial will trigger deportation process.
I think his best hope is an amnesty.

You still can marry him as long as you don't try filing with immigration. Of course you will have to be OK with living with a undocumented alien.
 
lauxim said:
My fiancee entered the US illegaly back in 1993. In 1997 his parents applied for the I130 and were approved. He tells me because he was younger than 18 he didnt need to fill out an application for I130 since he would be covered under his parents'.
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If the right things were done back then (him leaving the US to pursue the GC process at a consulate), he might have obtained a green card years ago. But now he is too old and has spent too much time illegally in the US to tag along on his parents' application. And his illegal entry and years of illegal presence will make him ineligible for a green card through anybody else until he stays outside the US for 10 years ... unless he did the appropriate paperwork by the April 2001 deadline to qualify for 245(i).
 
you can file the i-130 for him when yall get marry and he would eventually have to leave the us when he gets the appt at the us consulate of his country and then they will denied him the visa for being here illegally but you can apple for the waiver i-601 and show extreme hardship from you rpart if you husband was to stay in mexico.and hopefully they will approve it if not he will have to stay in mexico untill they approve it.
 
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