Scared to fill out I=130

This is what i would do in a situation like this.

After the kid is born get the kids passport and birth certificate made as a normal person would do in US.

Next i would get a new mexican passport for her. The guys in mexico do not know she is in US. And to get passport she does not need to be in Mexico. Use some family or friends address in Mexico for her. Show that she is still single and no kids.

After she gets her passport i would apply for her fiance visa which is normally processed in 90 days. Once her Visa is processed she has to go to the consulate to get the Visa. When she gets the date go back from US to Mexico u can accompany her if u wish but prefer not to. Then get the visa and come back to US. Get married again in a different state and use that marriage certificate to apply for her green card.

This was there is no issue of her being illegal in country or any other. You can always fall in love in a different country.....can't u so this happens to be mexico when u were there visting with friends.....Got it ......
 
bunnybugs said:
This is what i would do in a situation like this.

After the kid is born get the kids passport and birth certificate made as a normal person would do in US.

Next i would get a new mexican passport for her. The guys in mexico do not know she is in US. And to get passport she does not need to be in Mexico. Use some family or friends address in Mexico for her. Show that she is still single and no kids.

After she gets her passport i would apply for her fiance visa which is normally processed in 90 days. Once her Visa is processed she has to go to the consulate to get the Visa. When she gets the date go back from US to Mexico u can accompany her if u wish but prefer not to. Then get the visa and come back to US. Get married again in a different state and use that marriage certificate to apply for her green card.

This was there is no issue of her being illegal in country or any other. You can always fall in love in a different country.....can't u so this happens to be mexico when u were there visting with friends.....Got it ......
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So lie, cheat, deceive, obtain false documents, fake marriage certificates, lie on government papers, fraudulently obtain a fiancee visa?

this has to be the best piece of advice I have ever read in this forum... :rolleyes:
 
PraetorianXI if the guy has married a mexican knowing she was illegal is justified.... thats the bigger issue than lying as according to USC they have to live upto the liberty which he did not.

Next the wife has come in illegally so what difference would it make if they do more wrong then they have already done.

I see many straight advices but i don't think that will work as if they want to be in US and still be legal what i said is the only way out for now.

Filing I-130 is not going to help. If he checks with a good immigration lawyer he will get one answer you have no options but to send you wife back if u go the route of I-130.

Also i-130 could back fire as he is making USCIS aware that his wife is illegal.
 
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bunnybugs, one flaw in the scheme you have thought up is that, if the child is born in the US, nature has it that the mother will be in the US at the time, how would you explain that? So, she might as well go back to Mexico, give birth there, apply for her passport, and cut out part of the fraud. Then, she'd have to claim to have married on a different date (I'm sure many people who fall into new family based categories because of their marriage or whose petitions become void because of marriage would love to do this too!), and she'd have to falsely state she exited the US before her status expired and has nothing to show for it in Mexico but I'm sure plenty of proof of presence in the US (marriage records are public in many areas, I can find mine on the internet).

So, this may just be the best advice to get her deported and banned for life to re-enter ... while, we actually don't even know yet if she EWI, apparently there's a chance she was inspected when she entered.
 
If she has been inspected then the case gets much easier as she has overstayed. Then they need to go searching for a copy of her lost passport if it existed or atleast make a police report...But the question is why would u make a ploice report after so many years?

Also if she had been inspected there has to be some sort of record somewhere which they can request ???????

Now how did they happen to get married legally??? You need ssn#, passport or driver license if are are USC but some legal proof to get a marriage license before they can even get married. I have not seen any marriage license officially been given without any legal proof.

So does that mean they married in church and have no legal document???
Does she have a SSN??? if yes how did she get that???

So now if all these things were done then its more wrong doing than right and that is the reason i say if u have done so much then a little more. Whats the harm as in any case u have Mexico to go back to and apply based on ur kid being US citizen.
 
Proof that you are legal in the country. You cannot get a marriage license if u do not have poof.
If u are a tourist u have to show your tourist visa and I-94.....
 
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bunnybugs said:
Proof that you are legal in the country. You cannot get a marriage license if u do not have poof. If u are a tourist u have to show your tourist visa and I-94.....
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Cobb County, where I live, requires proof of age and nothing more. Second, there are plenty of tourists who do not have either a tourist visa or an I-94, and have no problems getting married here. I almost ended up doing that.
 
TheRealCanadian said:
Cobb County, where I live, requires proof of age and nothing more. Second, there are plenty of tourists who do not have either a tourist visa or an I-94, and have no problems getting married here. I almost ended up doing that.
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Same here. When my husband & I went to get our marriage license in 2001 all we had to show was valid photo IDs (drivers license) which we both had. And that is still all that is required to get a marriage license here (Dallas County, TX). At the time we applied, his passport was expired and he had overstayed his tourist visa for 10 years, but nobody even asked him any questions about his immigration status.
 
How did he get a drivers license? in the first place.

In east coast u cannot even get a drivers license if u are a CR perrmanent resident for a duration longer than when ur status expires.

and for getting a photo ID u need all the evidence of being legal....

I lived in Illinois for few years and Missourie state and it was the same way there too....
 
My husband has been here since 1991 and back then it was much easier to get a social security card (with the infamous legend) which is what you need to get a drivers license. He has had both of those documents the entire time he has been in the US (16 years). And now that our AOS interview is over and his green card is on its way, he will finally be able to go get a SS card without the "work only with INS approval" on it.
 
I believe we also just had to show our driver's licenses when we obtained our marriage license.

A driver's license was pretty easy to get when I came here in the 90s. In fact, my mom got one on the third day she was here, and she was visiting on VWP. Same for a social security card, I went and applied a couple days after I first entered; I think I may have had to show some proof of legal F-1 status to get it.

Funny, I still have my card with the INS restriction. I'm just too sentimental to give up that little often washed, worn out, bleached in various colors, card.
 
if she entered legally, which she did, without inspection however, they do not keep track on how long she has been in the states, if you file i130, and do consultate processing, just keep her in the states until she needs to go to the us consulate in mexico for her interview. when she crosses, how can they tell how long she has been in the states, she can just tell them shes been there visiting you for a week.
 
Can she enter legally and not be inspected?

js360, they'll be able to tell how long she's been in the US because he'll tell them in the I-130 petition.

Address of your relative? Date and place of marriage? Has your relative ever been to the US? When and in what status did they arrive if currently in the US, and when will or did I-94 expire?

And below it says: [Y]ou may be fined up to $10,000 and imprisoned for up to five years, or both, for knowlingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.
 
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