in the U.S. Illegially - what should we do?

[gocards1016]

I had posted previously thinking my fiance had entered the U.S. with a VISA - had gone home after "overstay". This was incorrect.

Here is our situation and we are not sure what to do.
He entered via Mexico in 2002 without a VISA - he has never had one as previously thought. He has never left the U.S. so he has been here almost 6 years now.
We would like to get married and we would like to know what the best avenue for us is.
Does he leave the U.S. - go back to Costa Rica and we get married there and then apply for the appropriate paperwork? Or do We stay here and I apply for a K1 Fiance VISA and wait for the interview?
He has a flooring business and would like to stay here if possible for as long as he can and I have a 10 year career with my company and have a daughter whom I can not leave the country (to live elsewhere) with.
He is being told by a friend he has to leave the country for a year and that after a year he can apply for the proper paperwork to enter the U.S. - so we are not sure what steps to take now. Can anyone help?

[corazoncita]

I believe (and someone will correct me if I'm wrong) that it would be too risky for him to leave and go back to Costa Rica to apply for the K1 fiance visa, but maybe somebody else will know more about this. I don't know what would happen if he lied about having been in the United States, and then they found out that he has actually been here. I don't know too much about the fiancee stuff.

Here's what I DO know:

If you stay here and get married, you may then file the I-130 petition for alien relative. He can stay here while that is being processed-- he will still be illegal, but most people stay during this part. I'm not sure how long it will take Costa Rica to process this form, but Honduras in between 9-12 months right now. After the I-130 has been approved, you will go in an interview at the US Consualte in Costa Rica. They will interview you to make sure your marriage is legitimate, and they will deny your husband a visa since he entered the US illegally. They will ban him from returning to the US for 10 years (if he had simply overstayed a visa, the ban would only be 3 years). At this point they will tell you that you are elegible to file an I-601 visa waiver form. If you can prove extreme and unusual hardship, your husband will then be granted a waiver and can return to the United States. Processing times for this usually vary as well. In Honduras, I believe it is around 6-9 months. Your husband will have to stay in Costa Rica while this is being processed.

Since you have children from a previous marriage, that is a pretty strong hardship. The hardship letter MUST be backed by strong physical evidence, and like I said-- it must be extreme & unusual hardship. You should check out examples of letters that were approved in the past... there is an entire archive here on this website! There are tons of resources here that will help you out. If you ever need anything, feel free to ask!

[MendozaQH]

The fastest way to get your fiance here leally is to WAIT to get married. Fill out and submit the I-129F petition for fiance alien. This I think is currently taking about 4-6 months to approve. That petition will then be sent to the US consulate dedicated to Costa Rica where you will receive a letter to go to the visa interview. In the US consualte in Mexico, this is an open appointment, not sure if it the same for all consulates. At the interview your fiance will be denied, but should be eligible to submit the I-601 waiver of grounds of inadmissability with the hardship letter and evidence as mentioned by corazoncita (though it only has to be extreme hardship, not extreme and unusual hardship- unfortunately that is as the discretion of the adjudicator as to what exactly constitues extreme hardship, though there are general guidelines for each consulate as well as people personal experience).

Upon approval of the waiver, your fiance will come to the US and you guys will have I think 90 days to get married after which he will start the adjustment of status to that of permanent resident.

[inlimbo]

I had posted previously thinking my fiance had entered the U.S. with a VISA - had gone home after "overstay". This was incorrect.

Here is our situation and we are not sure what to do.
He entered via Mexico in 2002 without a VISA - he has never had one as previously thought. He has never left the U.S. so he has been here almost 6 years now.
We would like to get married and we would like to know what the best avenue for us is.
Does he leave the U.S. - go back to Costa Rica and we get married there and then apply for the appropriate paperwork? Or do We stay here and I apply for a K1 Fiance VISA and wait for the interview?
He has a flooring business and would like to stay here if possible for as long as he can and I have a 10 year career with my company and have a daughter whom I can not leave the country (to live elsewhere) with.
He is being told by a friend he has to leave the country for a year and that after a year he can apply for the proper paperwork to enter the U.S. - so we are not sure what steps to take now. Can anyone help?

I'm a little confused by your first sentence - that you thought your fiance went home after overstay. It sounds like he might have been in the US, went back to Costa Rica, and came back? Is that right? If that's the case, he may not be eligible for a waiver, depending on the dates he was here - it'd be helpful if you clarify that because it can make a BIG difference.

You also have the option to get married in the U.S., file the papers and wait until his interview to leave the country. That takes longer, but if you're not in any big hurry to leave the country, it works also, and then when he does get to come back, you might not have to go through AOS (depending on how long you've been married). On the other hand, filing as a fiance shouldn't weaken your case and the time from filing the papers to getting him back here legally will most likely be shorter.

In either case, if he's in the US right now and if he waits until the interview to leave the country, the time he spends outside of the US won't change whether you file for him as a fiance or as a spouse.

[corazoncita]

inlimbo~

I think her fiancee may have told her that he came here on a visa, when in fact he came EWI.

When I first met my husband, he didn't think I would go out on a date with him if he told me that he was illegal. He lied to me and told me he had a visa.... then after I fell in love with him, he told me that he had been embarrased to tell me before, but he had overstayed his visa. Later, (before we got married) he admitted that he was completely illegal and he had crossed the border by hiding on a frieght train. He cried and he thought I would break up with him... he was always too embarrased to tell me. I guess the more he trusted me, the more he told. I am speculating that is what happened in the other situation as well...

[Lachulagreeneyes]

I think what inlimbo is trying to figure out is if gocards hubby has entered the U.S. illegally more than once.

[corazoncita]

I think what inlimbo is trying to figure out is if gocards hubby has entered the U.S. illegally more than once.

Yikes! I hope he didn't...

[gocards1016]

Hi all - and thank you for your help and input.

Corazoncita - you are correct. He was embarrased and the more we researched what to do the more he found he had to tell me the truth in order for us to obtain the correct way to go about making him legal.

He has NOT left the U.S. since he entered illegally in 2002.

He has a friend whos brother is an attorney and he is telling my guy that he must leave the U.S. - go back to Costa Rica and stay there for a year - then bring me there to marry and file the paperwork.

In reading all the blogs - I do not see anyone doing this - it seems to me he is not giving the best advice; not because he is trying to do him harm, but maybe he just doesn't know for sure.

This is really scarry in the aspect that he could be taken and deported at any given moment. We want to try and do what ever we can to try and get him legal as soon as possible, that is why I thought coming to you guys would help. It seems as though you all really have a handle on things and know the best way to go about this with the least amt of pain (not that there is none - but you seem to know how to minimize it). :)

So if I am understanding you guys correct, we should file a K1 Fiance Visa - my guy should stay in the country until he is called for an interview - he will be denied and at that point he will have to stay in Costa Rica - I will then file the hardship waiver - and then we wait to see if it is approved. If so - then we marry within 90 days. Is this correct?
or
We marry now - (In the U.S.) - and I file a change of status I-130? and then he stays in the U.S. until he is called for an interview - then he leaves the country and is denied and I file the hardship waiver?

Are these both correct?

[USnoiva]

So if I am understanding you guys correct, we should file a K1 Fiance Visa - my guy should stay in the country until he is called for an interview - he will be denied and at that point he will have to stay in Costa Rica - I will then file the hardship waiver - and then we wait to see if it is approved. If so - then we marry within 90 days. Is this correct?
or
We marry now - (In the U.S.) - and I file a change of status I-130? and then he stays in the U.S. until he is called for an interview - then he leaves the country and is denied and I file the hardship waiver?

Are these both correct?

Sounds like you did very well on your research! :)
If you are not ready to get married, that's okay, people can file the waiver with the fiancee visa and get approved.

[Laura]

Hi all - and thank you for your help and input.

Corazoncita - you are correct. He was embarrased and the more we researched what to do the more he found he had to tell me the truth in order for us to obtain the correct way to go about making him legal.

He has NOT left the U.S. since he entered illegally in 2002.

He has a friend whos brother is an attorney and he is telling my guy that he must leave the U.S. - go back to Costa Rica and stay there for a year - then bring me there to marry and file the paperwork.

In reading all the blogs - I do not see anyone doing this - it seems to me he is not giving the best advice; not because he is trying to do him harm, but maybe he just doesn't know for sure.

This is really scarry in the aspect that he could be taken and deported at any given moment. We want to try and do what ever we can to try and get him legal as soon as possible, that is why I thought coming to you guys would help. It seems as though you all really have a handle on things and know the best way to go about this with the least amt of pain (not that there is none - but you seem to know how to minimize it). :)

So if I am understanding you guys correct, we should file a K1 Fiance Visa - my guy should stay in the country until he is called for an interview - he will be denied and at that point he will have to stay in Costa Rica - I will then file the hardship waiver - and then we wait to see if it is approved. If so - then we marry within 90 days. Is this correct?
or
We marry now - (In the U.S.) - and I file a change of status I-130? and then he stays in the U.S. until he is called for an interview - then he leaves the country and is denied and I file the hardship waiver?

Are these both correct?

Gocards - it looks like you are on the right track. There's no reason to think he will be deported at any minute, but if you are feeling nervous about the whole thing, the fiance route will of course be faster from start to getting him back legally - then you will just have to do more paperwork once he is back in the states.

Do we have anyone else with a Costa Rican spouse? Is there any processing time information? What consulate do the waivers get processed through?

[blueblue]

Here are the costs to file all the various forms for 3 different options. If I missed anything or something out of order, please correct me.

Fiance Route - total: $3350
I-129F - $455
I-601 - $545
Visa Fee - $355
Fingerprint - $85
I-130 - $355
I-485 - $1010
I-751 - $545

Spouse CR-1 - total $2895
I-130 - $355
I-601 - $545
Visa Fee - $355
Fingerprint - $85
I-485 - $1010
I-751 - $545

Spouse IR-1 (enter after 2 year marriage anniversary) - total: $1340
I-130 - $355
I-601 - $545
Visa Fee - $355
Fingerprint - $85

[corazoncita]

What the difference between CR-1 and IR-1? What if you add an I-201 to the mix? (for a deportation)

Does the IR-1 mean you filed after 2 years of marriage, or the spouse EWI after 2 years of marriage?

[Lachulagreeneyes]

Of course, that doesnt include the medical, which can vary, correct?

[MendozaQH]

Here are the costs to file all the various forms for 3 different options. If I missed anything or something out of order, please correct me.

Fiance Route - total: $3350
I-129F - $455
I-601 - $545
Visa Fee - $355
Fingerprint - $85
I-130 - $355
I-485 - $1010
I-751 - $545

Spouse CR-1 - total $2895
I-130 - $355
I-601 - $545
Visa Fee - $355
Fingerprint - $85
I-485 - $1010
I-751 - $545

Spouse IR-1 (enter after 2 year marriage anniversary) - total: $1340
I-130 - $355
I-601 - $545
Visa Fee - $355
Fingerprint - $85


HOLD ON!!!! To remove conditional status, I don't think you need to file the I-485, only the I-751. The only difference between CR-1 and IR-1 should be the $545 for the removal of conditional status.

Just a few other corrections:
-Visa fee is $380
-Fiance interview is $100 per interview (with a I-601 it is 2 interviews)
-If the fiance gets married in correct time, there is no I-130 fee.
-NVC also has some processing fees, perhaps someone going through it now can give these (it has been a while for me)
-For those with I-212, all fees are the same except add another $545 no matter which route you go.

Side note, there is another way to go which is the K-3 visa. I can calculate the up front cost if anyone wants....

[MendozaQH]

Of course, that doesnt include the medical, which can vary, correct?

CORRECT!

Base price I think is currently $135 plus the cost of vaccines and whatever else they decide to charge you....

[MendozaQH]

What the difference between CR-1 and IR-1? What if you add an I-201 to the mix? (for a deportation)

Does the IR-1 mean you filed after 2 years of marriage, or the spouse EWI after 2 years of marriage?

CR-1 is conditional residency and IR-1 is permanent immigrant residency. The status depends on how long you have been married at the time of the visa pick-up. (less than 2 years, conditional and more than 2 years, permanent.)

[corazoncita]

Does the IR-1 mean you filed after 2 years of marriage, or the spouse EWI after 2 years of marriage?

Does anyone know the answet to this question?

If I got married in Dec. of 2005, should I wait until Dec. 2007 then to file the I-130 to save myself some money? (so that I won't have to pay for the conditional status change)

[MendozaQH]

I answered your question above. Also read my other response above it, there is only $545 difference between CR-1 and IR-1. Go ahead and file, you will get the IR-1.

[Klame1983]

CORAZONCITA: File the I-130 right away! Especially in the situation your husband is in, it would be the best thing to have something in process, at least. Don't think of saving money down the road. You should take care of today! Tomorrow will bring it's own troubles! Just a word from a friend that cares about you. If you need anything, just let me know. Oh, and by the time your husband gets legal status, he'll come as IR-1.

[corazoncita]

CORAZONCITA: File the I-130 right away! Especially in the situation your husband is in, it would be the best thing to have something in process, at least. Don't think of saving money down the road. You should take care of today! Tomorrow will bring it's own troubles! Just a word from a friend that cares about you. If you need anything, just let me know. Oh, and by the time your husband gets legal status, he'll come as IR-1.

OK- that's what I wanted to know! I didn't know if he would still qualify as IR-1 since we are sending the app in BEFORE our 2 year anniversary. I have all the stuff to send in except the fee. He signed his G325A and sent them back... I got them in the mail yesterday. Hopefully in a couple of months I will have that fee and I can send them in. Thank you! You know I always apreciate your help, amiga!

[corazoncita]

PS-- thank you mendoza and everyone else, too! :)

[MendozaQH]

corazoncita, I sent you a PM....

[Lachulagreeneyes]

corazoncita, I think me and you will be filling at the same time! We still have to get married first. Of course, we will do that the simple way then when all is said and done, we will have a decent wedding I hope!
Maybe we will be in CDJ at the same time!

[MendozaQH]

corazoncita, I think me and you will be filling at the same time! We still have to get married first. Of course, we will do that the simple way then when all is said and done, we will have a decent wedding I hope!
Maybe we will be in CDJ at the same time!

She will be going through Honduras.....Felicidades on your wedding though!

[gocards1016]

MendozaQH - what exactly is the K3 and is this a better avenue do you think?

It sounds like the Fiance Visa is the best avenue - however the most expensive (which is fine - we just want to do whatever it takes to make sure he is out of the country for as short of a time as possible).

Do you think he would be out of the country longer with the Fiance Visa - or the Marriage Visa? I realize the Marriage on takes longer - however if that reduces his time away I think we would rather do that.

Also - one last question - if we decide to take the marriage route - does anyone know if he can fly? He has a valid passport - but that is all - and we don't want to risk him getting caught at the airport. I am not sure if we can get married here where we live - or if there are only specific states that will marry us with him not having a SSN - I know Las Vegas would be one (and what fun would that be!!) :)

Thanks everyone - you guys are the best!

[MendozaQH]

MendozaQH - what exactly is the K3 and is this a better avenue do you think?

It sounds like the Fiance Visa is the best avenue - however the most expensive (which is fine - we just want to do whatever it takes to make sure he is out of the country for as short of a time as possible).

Do you think he would be out of the country longer with the Fiance Visa - or the Marriage Visa? I realize the Marriage on takes longer - however if that reduces his time away I think we would rather do that.

Also - one last question - if we decide to take the marriage route - does anyone know if he can fly? He has a valid passport - but that is all - and we don't want to risk him getting caught at the airport. I am not sure if we can get married here where we live - or if there are only specific states that will marry us with him not having a SSN - I know Las Vegas would be one (and what fun would that be!!) :)

Thanks everyone - you guys are the best!


The K-3 is a non-immigrant visa for spouses (just like the K-1 is the non-immigrant visa that you would get if you go the fiance route)

What country are you filing for becuase that would determine the shorter route though in general, the K-3 is faster because you bypass NVC.

[Laura]

Gocards - the only difference between doing a fiance or spouse route is pre-him leaving. The waiver process is the same, meaning there is no difference in the time he will have to stay out of the U.S.

He may be able to fly domestically with only a valid passport. For domestic flights, at this time, the only thing the airlines check is identification, so the passport is fine for that. I know there are other members who have flown with their undocumented spouses without issue.

Also, most of us were able to marry without providing a social security number. It depends on your municipality. For example, we married in Milwaukee. Fermin had to go to the social security office to get a letter that basically said, "this person is not eligible for a social security number at this time," and take that with his other identification to the courthouse for the license. It was no big deal at all. So while Vegas might be fun, I'm sure in most places you can get around the SS# thing.

Good luck on the decision!

[princesa]

In NC we were able to get married with my hubby signing an affidavit in front of a notary stating that he was ineligible for a SS at that time.

[Adriane]

Sounds like you understand the process right. Like Laurafern said, the amount of time he will spend outside the US will not vary for a fiancee or spouse- he'll just leave sooner (and get back sooner!) if he is a fiancee.


He has a friend whos brother is an attorney and he is telling my guy that he must leave the U.S. - go back to Costa Rica and stay there for a year - then bring me there to marry and file the paperwork.

I'm sure your friend means well- but this is very complicated and many attorneys (like mine!) don't understand it if they don't specialize in this exact case. Absolutely do not leave until you are leaving to attend the interview- going and waiting a year will only add a year (or more!) to your separation. If you were to leave, and wait a year, then file as a spouse, wait for approval of your I-130, then wait for an interview, go to the inteview, get denied, file the waiver and then wait for visa approval- that would take forever. Trust me- that's how we did it. My husband and I have been outside the country for almost 2 years at this point- and we're still waiting.... all because of bad legal advice.

Good luck and congrats!

[ARodrigues]

I recently called my local airport and they told me that all US airports act under the same security measures and that there is NEVER a problem flying domestically with a passport from any country as long as the passport is valid.

[gocards1016]

Hi Mendoza - He is from Costa Rica - I am assuming that is where we would file - is it not?

He was afraid if he tried to fly he would be stopped asked for a VISA and then when he could not produce it - he would be deported. So thank you for the info on flying - I appreciate it.

So are you saying process for a K1 Fiance VISA vs. Marriage VISA? or that filing a Marriage VISA is faster than the K1?

Thanks again everyone!!

[mahmed01]

I have a simple question for u: Do u love him and want marry and live a family life together till death?(please don't be offended by the question). Then, to simplfy to get him leggaly be in the US, my suggestion is:

1: Get Married in the U.S. .

2: Get the Marriage certificate. This would be more convenient to prove the legality of ur marriage. It would also help during the interview @ Costa Rica, 'casue whoever takes the interview, would not think that ur future hubby (boy friend now) "had to come home for emergency or some other reason, and now "using u" (if u try one of those K category visa)to get back to the US to run his business.

3: File I-130. He stays with u during the processing time, unless they find him and deport. To the best of my knowledge, u have to send ur petition to one of the 5 USCIS centers in the US. Then what to expect pretty much suggested by the other members here already. But for me, I would not try any other category of visa other than through I-130, 'cause that gives u more peace of mind knowing that u are finalising everything @ 1 processing time, no matter how long it takes.

About extreme hardship, having a child a and not being able to with ur hubby, I think u have it enough to prove and convince the adjudicating office. And yes, u can get some really helpful ideas about how to write good H/L by reading the approved ones posted here. Don't forget to read the denied ones too.

As always I believed and been benifited from the Forum, I would say, don't hesitate to ASK ur question(s). Be mentally prepared for some agonizing time. Law breakers deserve punishment and I am one of them. But it also hurts some innocent folks who are related to the law breakers. The word reality is really "rough and hard to endure sometimes". Embrace it.

Good Luck.

[Laura]

I have a simple question for u: Do u love him and want marry and live a family life together till death?(please don't be offended by the question). Then, to simplfy to get him leggaly be in the US, my suggestion is:

1: Get Married in the U.S. .

No one is suggesting they not get married. The point is, the fiance visa process is much faster to get him from unlawful status to legalization. It they marry now, that's fine, but they will probably wait 18 months from the marriage to his interview in Costa Rica, therefore more chance of deportation etc. It depends on what this couple wants to do. No one is suggesting they don't love each other. But the immigration timeline changes if they marry.


2: Get the Marriage certificate. This would be more convenient to prove the legality of ur marriage. It would also help during the interview @ Costa Rica, 'casue whoever takes the interview, would not think that ur future hubby (boy friend now) "had to come home for emergency or some other reason, and now "using u" (if u try one of those K category visa)to get back to the US to run his business.

They are not going to think that. Lots of people have successfully gone through the fiance visa process. It's the same as the process for a spouse, except the interview in Costa Rica will happen faster.

[blueblue]

They are not going to think that. Lots of people have successfully gone through the fiance visa process. It's the same as the process for a spouse, except the interview in Costa Rica will happen faster.

Whether it is K1 or K3 is less a factor on whether they suspect someone of marriage fraud, it has more to do with who is your CO and what kind of prejudices and experiences they have and also which embassy they are posted to.

Some CO/embassies accuse couples of fraud with only a suspicion e.g., the wife is older than the husband, a relative introduced them, they married quickly, they asked a question at the embassy before filing the papers. Fortunately, most don't and I haven't seen it happen at all in a Latin American country, but I have seen it happen way too often in other countries.

[corazoncita]

In NC we were able to get married with my hubby signing an affidavit in front of a notary stating that he was ineligible for a SS at that time.

We also got married in NC, but we went to a county where an SS# was not required... (Hoke County, in case you're wanting to know)

[Chikimyrn]

Gocards - the fiance route will of course be faster from start to getting him back legally - then you will just have to do more paperwork once he is back in the states.

For us it was about 2 mo for the whole AOS process. From mailing the paperwork, doing the biometrics appt, and receiving greencard.

[MendozaQH]

Hi Mendoza - He is from Costa Rica - I am assuming that is where we would file - is it not?

He was afraid if he tried to fly he would be stopped asked for a VISA and then when he could not produce it - he would be deported. So thank you for the info on flying - I appreciate it.

So are you saying process for a K1 Fiance VISA vs. Marriage VISA? or that filing a Marriage VISA is faster than the K1?

Thanks again everyone!!

Typically the non-immigrant visas are faster than the immigrant visas. I am not sure if Costa Rica has it own embassy for processing visas (of course there is an AMerican embassy, but not sure if immigrant visas are done there....). Many times countries share consulates for this....

For example of processing times difference- Mexico takes about 6 months -1 year to get your spouse or fiance to the US legally through a non-immigrant visa and about 18 months -2 1/2 years to get your spouse here on the immigrant visa (that is without the need for an I-601 or with an I-601 pilot program approval)

The amount of time separated from your spouse is the same, especially with th efiling of an I-601. The intending immigrant does not have ot leave the US until it is time for the interview.