Hello!

[aimee]

I am so happy to know that this site exists. I don't exactly know where to start though... I am a USC and my boyfriend is from Mexico. He EWI about 5 yrs ago, then went back and EWI again. He was never stopped nor has he ever been arrested or had any problems with the law. Last year, he was told that he could get sponsered by a company (his friend had done it for a couple of years in a row). We thought this was wonderful news. So he went back to Mexico, waited for the co. to petition him and filled out all the paperwork. The landscaping company had decided to use a 3rd party to handle all the paperwork this year-- but they (the 3rd party) basically just stole all of the workers money and never gave any word on what happened with the paperwork. So, now he is in Mexico-- been there since December and I am planning to go down in September. I visited briefly in March, but I am going to try and stay this time. We would like to get married aside from all this immigration stuff-- but we don't know if it will hurt our case. Also-- we have been told that we should just say that we met in Mexico-- but I have read all the documents and any falsification is punishable by jail time. Any ideas of how to approach this? Sorry-- my introduction is so lengthy... Thank you for your consideration!!

[meesh]

Welcome! You have found a very informative and supportive site. In regards to your case, I wanted to emphasize the importance of telling the truth even though it may be tempting to lie. You must be honest.

You can get married, or you can start the process as an engaged couple. I'm concerned about his eligibility for a waiver though. Could you clarify the date when he first entered the country, as well as his age? Could you also share the date when he left the country, then re-entered? That information is very important. It is possible to start the process with an I-129 (f) petition for a fiance, but you should be aware that your boyfriend may not be eligible for a waiver for 10 years.

Normally, the immigrant would have to go to Mexico for a visa interview, where he would be denied a visa due to his illegal presence. He would be barred from the U.S. for 3 yrs or 10 yrs, depending on the amount of illegal presence. Some immigrants are eligible for a waiver, if they have a qualifying relative (such as you). The qualifying relative would have to prove that he/she would suffer extreme and ununsual hardship if the immigrant were not allowed to return. If the waiver is clearly approvable, the immigrant will receive the visa, possibly the same day. Unfortunately, some immigrants are not eligible for the waiver, such as those with multiple entries (which depends on the facts of the case).

Good luck!

[Laura]

Welcome! You have found a very informative and supportive site. In regards to your case, I wanted to emphasize the importance of telling the truth even though it may be tempting to lie. You must be honest.

You can get married, or you can start the process as an engaged couple. I'm concerned about his eligibility for a waiver though. Could you clarify the date when he first entered the country, as well as his age? Could you also share the date when he left the country, then re-entered? That information is very important. It is possible to start the process with an I-129 (f) petition for a fiance, but you should be aware that your boyfriend may not be eligible for a waiver for 10 years.

Normally, the immigrant would have to go to Mexico for a visa interview, where he would be denied a visa due to his illegal presence. He would be barred from the U.S. for 3 yrs or 10 yrs, depending on the amount of illegal presence. Some immigrants are eligible for a waiver, if they have a qualifying relative (such as you). The qualifying relative would have to prove that he/she would suffer extreme and ununsual hardship if the immigrant were not allowed to return. If the waiver is clearly approvable, the immigrant will receive the visa, possibly the same day. Unfortunately, some immigrants are not eligible for the waiver, such as those with multiple entries (which depends on the facts of the case).

Good luck!

Essentially, if he EWI 5 years ago, stayed for more than 365 days, left the U.S. and EWI a second time, he will not be eligible for the waiver for 10 years. I know this must be terrible news, unless, of course, he entered the first time, only stayed for a few months, then left and EWI again.... You can get married or pursue the fiance route, either way is fine, but once he has his visa interview, if he admits his entire immigration history, he may receive a lifetime ban with no waiver eligibility for 10 years.

[aimee]

First-- thank you so much for responding to me. I really have no one to talk to about all this. So, thank you.
Well, My boyfriend came here the first time about 5 years ago. He entered without inspection and was here for about 3 years. He came back (without inspection) and was here for about a year and then he went back again when he thought there was a chance to get a work visa. Both times he came through without anyone knowing. When he returned, he flew back. He was never arrested (here or in Mexico). He has been back down there since december 2006. I went there for 3 weeks in March. I have decided to go down to Mexico to be with him -- I don't know yet for how long, but I am leaving in about a month. He has been such an enormous strength to me, not to mention the best friend I have ever had. I realize that I may have to sacrifice a lot, and it does break my heart to think that I will have to leave all I have ever known here. But, I would like to believe that one day it will all work out. Do we have to say that he went back twice? Will they find out? Do you think that it will help us to get married after some time when I am down in Mexico? I am so overwhelmed and saddened by these circumstances. Is there any hope for us?

[aimee]

Oh-- And you asked about his age-- he's 25. Thank you.

[Luckysprite]

Aimee - welcome to the I2US family!! There is ALWAYS hope - some on this journey just have to 'wait' a lot longer than others. Do not give up - and just remember that if you two are really meant to be together - then you will be! Things will work out in the end, the way that they are meant to.

I am sorry to hear about your situation - as I believe many immigrants are taken advantage of - and your boyfriend just proves to be another case in point.

Unfortunately - like it was mentioned previously - because he did EWI the first time, stay for more than 365 days - leave and then re enter EWI again, he will not be eligible to file the 601 waiver until he has been out of the country for 10 years. (on a side note - the 10 year ban started when he left in December 2006 ... so its already almost knocked down to 9 years...)

It is strictly a matter of personal choice whether you chose to disclose that he has EWI twice - however, I do not think any member of this forum would recommend or endorse it. As you stated in your first post - you are aware of the consequences of falsifying any of the documents - or simply with holding any important information.

Again, there is always hope - and if I was wrong about anything - I know someone else will chime in with other information. Hang in there ....

[angela256z]

Hi Aimee. Welcome to the Fourm.

[ratito921]

:welcome:

[meesh]

There is always hope:) You have a very positive attitude, and it sounds like you are willing to make sacrifices to make this work! Getting married in Mexico is an option. I don't think it would hurt the case, it would actually provide an avenue for eventually legalizing his status. Unfortunately, he wouldn't be eligible for the waiver for 10 years (He stayed over a year, left, then re-entered after triggering the 10 yr bar). Sorry:(

I believe there is at least one member who withheld entry information, but it was discovered by the consulate. I think the consulate had photos of him entering the U.S on more than one occasion....but I don't remember the details of the case. Maybe someone else does?

You're right. It is a very overwhelming and saddening situation. I wish you two the best. Keep up updated on your trip to Mexico. I hope you have a good time:)

[Laura]

There were a few members who withheld an entry and were found out because of hard immigration evidence. The only reason they were allowed to file a waiver was because there was a problem that hadn't allowed the Consulate to see all the immigration evidence there was against him (like a catch and release on the second entry). One couple in particular had their waiver approved but when they went to the pick-up there was evidence that he had left and re-entered.

There have been other people, with no hard immigration history (like never having been caught at the border at any time) who have been allowed to file a waiver and approved in this situation.

As everyone said, it's a tough decision you have to make on your own. But both scenarios have happened.