i really need help. i'm desperate..please

[ellinida]

my boyfriend is from mexico and has lived in the US for about 6 years during those six years he has gone back voluntarily two times. now he is in mexico. he has been there since december. i recently went to see him for two weeks. here is my problem though, we want to get married. i dont want him to be illegal in new york anymore. we both want a better life for us. how do we get married?? if we get married here then he needs to go back from what i know. what if i go there and marry him. can i bring him back? will he be allowed in the US? i dont know what to do! i cry everyday about this. we want to be together and start a family and we dont know how. please i need help. i dont know where to start.

[ratito921]

The main problem I can see is that he's come to the states twice illegally. By voluntarily do you mean that he went back just to go back home or they caught him and gave him voluntary departure? There's a big difference in the two. Has he ever been caught crossing or in the US? You can get married, but we need more information for the immigration side of things. So let us know.

[ellinida]

Thank you so much for replying. It means so much to me.No he has never been caught. He just went home to visit his family. He has never had any problems with the police or ever been caught.

[mi_corazon]

Here's the thing...if he has EWI (entered without inspection) more than once then he will be ineligeable for a waiver. The big thing is that he has never been caught crossing the border. So are you sure that it was twice that he has EWI?

[mi_corazon]

If he has only crossed once then once you get your I129f approved and an appt in Ciudad Juarez they will deny the visa initally because he EWI, but then he would be able to file the I601 (waiver of excludability). Cuidad Jaurez now has the pilot program to where you would be able to schedule another appt to submit the waiver (about two days after the first interview) and if you have a good hardship letter (showing extreme hardship to you the US citizen) then he will be approved and issue a visa.

Hope that helps.

[needhelpfast]

If he has only crossed once then once you get your I129f approved and an appt in Ciudad Juarez they will deny the visa initally because he EWI, but then he would be able to file the I601 (waiver of excludability). Cuidad Jaurez now has the pilot program to where you would be able to schedule another appt to submit the waiver (about two days after the first interview) and if you have a good hardship letter (showing extreme hardship to you the US citizen) then he will be approved and issue a visa.

Hope that helps.



Agree, but she is not married to him. Don't you have to be a relative (spouse or child) to file a waiver???

[kitkat1]

Agree, but she is not married to him. Don't you have to be a relative (spouse or child) to file a waiver???

Waivers are available based on qualifying relatives -- fiance(e) of a citizen, the spouse of a citizen or permanent resident, or for the child of a citizen or permanent resident.

To the OP - it doesn't matter where you get married. The process is about making him legal which is does not happen simply as the result of a marriage.

Start by reading the guides on the USCIS site: http://travel.state.gov/visa/immigrants/types/types_1315.html

and here http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

Keep in mind that in Mexico, the fastest process is for a fiance visa because you don't have to wait for an interview appointment to be assigned. For spouses, an interview for a K3 spousal visa is faster than a CR1 but still takes 4-6 months and requires two petitions to be filed and further adjustment of status in the US after the visa is received.

You also need to be totally clear in advance on the details of his trips back and forth. If he entered illegally more than once (after 1997) and stayed for more than a year, whether he was caught or not, he will not be eligible for a waiver for 10 years:

INA §212(a)(9)(C) provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States and if, prior to the alien's embarkation, the Attorney General has consented to the alien's reapplying for admission.

[bamajoey]

Get married in the United States and file the paper work. Get an attorney if need be. Otherwise expect to wait seperated like my wife and I for over three years if you are lucky.

Being together for three or four years is better than being apart. Believe me.

Take care, Bamajoey

[kitkat1]

Get married in the United States and file the paper work. Get an attorney if need be. Otherwise expect to wait seperated like my wife and I for over three years if you are lucky.

Being together for three or four years is better than being apart. Believe me.

Take care, Bamajoey

Getting married in the US would be a longer process for them since fiances don't have to wait for an interview appointment in Ciudad Juarez. It's possible for their I-129F petition to be approved in a matter of months. About one month total from the service center to NVC to Ciudad Juarez and maybe another few weeks for the offical fiance packet to arrive. At that point, they can go to Ciudad Juarez, have the medical, then interview, be denied and have an infopass appointment in the following weeks and submit the waiver through the pilot program. If approved immediately, the whole process could be finished in less than six months.

On the other hand, if they marry first, it will take at least 4-6 months simply for an appointment in Ciudad Juarez, not to mention the need to file both the I-130 and I-129F. Fiance visas are, generally speaking, the fastest process available in Ciudad Juarez.

Also, since her fiance is currently in Mexico, getting married in the US before filing means another illegal entry. He already may not be eligible to file a waiver based on multiple entries and another one could make him ineligible for 10 years.

[mandy]

Kit kat is right on this....go the fiance visa route.... and fiance's can file for the I-601 waiver. He will not be allowed to file a waiver if they know about the 2 EWIs.

[kitkat1]

my boyfriend is from mexico and has lived in the US for about 6 years during those six years he has gone back voluntarily two times.

So back to the original issue - two illegal entries and illegal presence for more than 365 days in the past six years means no waiver is available for him until 10 years from his departure or December 2016. So I would start to make plans to live there or in a third country and wouldn't really waste time or money on filing anything.

INA §212(a)(9)(C) provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States and if, prior to the alien's embarkation, the Attorney General has consented to the alien's reapplying for admission.

[ellinida]

yes he has entered twice the US and never been caught. now he is there. would it make a difference if i go there to get married to him? if i file the fiance visa, i have to do it from here right? i'm really confused. i'm 24 and still doing my undergrad at a college i can't move to mexico. i wasn't even aware about all this hardshop stuff before i got on this site....i feel like we will never be together. and i dontg know how to handle this.

[ellinida]

and one more thing how can they know about the 2 EWIs if he wasnt caught?

[kitkat1]

yes he has entered twice the US and never been caught. now he is there. would it make a difference if i go there to get married to him? if i file the fiance visa, i have to do it from here right? i'm really confused. i'm 24 and still doing my undergrad at a college i can't move to mexico. i wasn't even aware about all this hardshop stuff before i got on this site....i feel like we will never be together. and i dontg know how to handle this.

The fact that he has never been caught and they don't know about it doesn't matter. Both you and he are required by law to tell the truth on all forms. If you lie and you are caught, the consequences are much worse - no visa, ever. Ultimately it's your decision but it's not something anyone here would ever recommend - it's very risky. Also, if he was ever stopped and fingerprinted on an attempted entry, they already know about it.


I-129F (Fiance Visa petition form)
...you may be fined up to $10,000 or imprisoned up to five years, or both, for knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.

I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.


G-325A (Biographic Information)

Penalties: Severe penalties are provided by law for knowingly and willfully falsifying or concealing a material fact.

Think about it from this point of view - if he lies and says he was in Mexico when he wasn't or in the US when he wasn't and they ask for proof i.e. phone bills, light bills, paystubs, receipts, etc, he won't have any way to prove it.

You can file a fiance visa from there as long as you have a US address and can meet the financial support requirements required on the affidavit of support. Or you can get married and file (for a spousal visa) while you are in the US. But in either situation, once he goes for his interview, he will be denied and will not be eligible to file a waiver until ten years after his departure from the country. Sorry to be the bearer of bad news - but that's the law.

[Dorothea]

ellinida, whatever you do, don't DONT DONT let him cross EWI again!!
File the I-129F NOW and keep going to school. You've waited this long, you can do it a little more...
When your I-129F is approved you'll get your appointment in CDJ (right, Kitkat?). At that interview (with the Pilot Program you will have an InfoPass appointment a few days or a few weeks later) you will turn in your I-601 waiver (assuming you try to hide the fact the he has multiple entries) and you Hardship letter.
You may have him home with you a few days later! Then you get married within a certain length of time, and you adjust his status and live your lives happily together!
Keep in mind that you wont have your appointment in CDJ for a year or something like that, so be strong!!
Good luck!!!!

[ellinida]

ellinida, whatever you do, don't DONT DONT let him cross EWI again!!
File the I-129F NOW and keep going to school. You've waited this long, you can do it a little more...
When your I-129F is approved you'll get your appointment in CDJ (right, Kitkat?). At that interview (with the Pilot Program you will have an InfoPass appointment a few days or a few weeks later) you will turn in your I-601 waiver (assuming you try to hide the fact the he has multiple entries) and you Hardship letter.
You may have him home with you a few days later! Then you get married within a certain length of time, and you adjust his status and live your lives happily together!
Keep in mind that you wont have your appointment in CDJ for a year or something like that, so be strong!!
Good luck!!!!


But he went back home on a plane. Can't they find that out?

[kitkat1]

(assuming you try to hide the fact the he has multiple entries)

Again, lying to immigration is NOT a smart idea.

-129F (Fiance Visa petition form)
...you may be fined up to $10,000 or imprisoned up to five years, or both, for knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.

I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.

G-325A (Biographic Information)

Penalties: Severe penalties are provided by law for knowingly and willfully falsifying or concealing a material fact.

Keep in mind that you wont have your appointment in CDJ for a year or something like that, so be
Fiances don't wait for appointments - once the approved petition is forwarded and the beneficiary has received the official fiance packet, it's an open appointment. But think about this: if they have ANY information about his multiple entries or if the lies on the paperwork are discovered, he will not be coming home.

But he went back home on a plane. Can't they find that out?

yes, of course they can. That's why it's virtually impossible to hide his entries.

[ellinida]

Again, lying to immigration is NOT a smart idea.

-129F (Fiance Visa petition form)
...you may be fined up to $10,000 or imprisoned up to five years, or both, for knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.

I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.

G-325A (Biographic Information)

Penalties: Severe penalties are provided by law for knowingly and willfully falsifying or concealing a material fact.


Fiances don't wait for appointments - once the approved petition is forwarded and the beneficiary has received the official fiance packet, it's an open appointment. But think about this: if they have ANY information about his multiple entries or if the lies on the paperwork are discovered, he will not be coming home.



yes, of course they can. That's why it's virtually impossible to hide his entries.


so even if i file for the fiance visa, he won't be allowed back because of the EWI....therefore its a dead end...........and misery

[kitkat1]

so even if i file for the fiance visa, he won't be allowed back because of the EWI....therefore its a dead end...........and misery

Not because of one EWI. Because he has TWO, he will not be eligible to file a waiver. You can go through the Fiance Visa petition process -- it will be approved. But once he goes to his interview, he will not be eligible to file a waiver because he had two illegal entries. Since the costs for filing are increasing severely at the end of this month, I would think it smarter to save the money, make alternate plans such as to live there or in a third country, and file when the ten years are up - or wait for immigration reform in the next few years.

Aliens Unlawfully Present After Previous Immigration Violations

INA §212(a)(9)(C) provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States and if, prior to the alien's embarkation, the Attorney General has consented to the alien's reapplying for admission.

[ellinida]

Not because of one EWI. Because he has TWO, he will not be eligible to file a waiver. You can go through the Fiance Visa petition process -- it will be approved. But once he goes to his interview, he will not be eligible to file a waiver because he had two illegal entries. Since the costs for filing are increasing severely at the end of this month, I would think it smarter to save the money, make alternate plans such as to live there or in a third country, and file when the ten years are up - or wait for immigration reform in the next few years.

Aliens Unlawfully Present After Previous Immigration Violations

INA §212(a)(9)(C) provides that aliens who were unlawfully present in the United States for an aggregate period of more than one year or who have been ordered removed, and who subsequently enter or attempt to enter the United States without being lawfully admitted, are excludable. A waiver is permitted if the alien is seeking admission more than 10 years after the alien's departure from the United States and if, prior to the alien's embarkation, the Attorney General has consented to the alien's reapplying for admission.


I'm in school, I can't live in another country. I never knew all this was so hard. How much does it cost anyway? And to wait for 10 years to re-enter the US, is something that i can't think about. What will we do in another country? How can we work? All these quetions are ritorical, i'm just venting. sorry.He won't listen to me. I old him not to come back the same way and he said we'll figure it out. I won't be able to stop him. He can't stay there anymore. I'm in a dead end. i told him about the law stuff u said and what everyone is going through on this forum and he thinks that everything will be ok. before he told me i'm stressing about it way to much and i'm hurting more than he is

[inlimbo]

ellinida, welcome to the site. i'm sorry to hear about this sad turn of events for you.

it's true that the fiance visa is the fastest way to go, however, it's also true that if he has multiple EWI entries he won't be eligible for a waiver.

You could try a consultation with a good immigration attorney to get a second, professional opinion.

ultimately, you and your boyfriend will have to make the decision that's right for you. I wish you both the best.

[kitkat1]

I'm in school, I can't live in another country. I never knew all this was so hard. How much does it cost anyway? And to wait for 10 years to re-enter the US, is something that i can't think about. What will we do in another country? How can we work? All these quetions are ritorical, i'm just venting. sorry.He won't listen to me. I old him not to come back the same way and he said we'll figure it out. I won't be able to stop him. He can't stay there anymore. I'm in a dead end. i told him about the law stuff u said and what everyone is going through on this forum and he thinks that everything will be ok. before he told me i'm stressing about it way to much and i'm hurting more than he is

I guess the most important thing for both of you to understand for the moment is that he isn't eligible for a waiver right now. Whether or not he chooses to re-enter illegally again and whether or not you choose to lie on the paperwork is your decision. The costs involved in all of the paperwork and the process are very high -- start by reading the USCIS site for more information. http://travel.state.gov/visa/immigrants/types/types_2994.html

[Adriane]

Please don't let him come back illegally. No matter what you eventually want to do, that is going to cause you problems.

A few members of this forum have moved to the Canadian border (or had their spouses/ fiancees move there) so that they could either live in Canada and work in the US or at least visit frequently. We're living in Ciudad Juarez while we wait- I work in El Paso everyday.

I know it's hard to believe that this is the reality of the situation- but it is. We all went through this period of denial and the belief that there *had* to be some other way, if we got a good enough attoryney or just paid enough money.... But it's not true.

Be very careful what you do next. And be very careful about what attorney advice you follow. We paid several thousand dollars to an attorney who said there "might" be a way to fix it in-country. You can't. Others have been told it could all be fixed in a few months. It can't.

I don't mean to scare you but really, the next move you make can be very important. And having him come back illegally AGAIN is not going to help you no matter what.

Good luck!

[sam1010]

You said he went home on a plane. More than likely, they know about the EWI. Immigration is pretty smart about these things. Multiple reentries will exclude him from the waiver. The best bet would be to say he has entered the country illegally. You said he has never been caught, so they probably don't know about the multiple reentry, but I wouldn't take that chance if I were you. You could end up messing up both of your lives forever. Also, the fiance route is probably faster. Think about filing the fiance petition. Good Luck.

[Dorothea]

ellinida, when my husband and I first started this process, and I'd cry every day for fear of not knowing what would happen, etc, he told me the same thing your boyfriend says. He said everything would be fine, that we'd work it out. He seemed totally carefree about the whole situation.
He didn't really get it until he was so "care-free" that he was given a three year wait period just to turn in the waiver. That was his own fault, and I still don't feel totally forgiving about it, but he is suffering enough for that bad decision.
Please tell your boyfriend that if he wants to spend his life with you, it's so important that he just make the right decision NOW!
You can live in another country, and it doesn't have to be Mexico. How about Canada?
But anyway, one thing at a time. Try not to let it overwhelm you, just take a deep breath and try and make the best decision for yourself.

[mzswing]

He went back BOTH times on a plane?

May I suggest Niagra/Buffalo? Canada is a lovely place, especially since you are used to northern weather. There are good schools in Buffalo, and you would still be in-state.

If this man is the love of your life, think smart. You want to get married, so I assume you mean you want to spend the rest of your life with him. Ten years is not as long as it sounds now...(My "baby" is a teenager now, and it happened in the blink of an eye). You will want to get your fiance petition filed so your 10 years starts ticking. I think you can get married during the waiver wait, and the same waiver applies, and the same countdown (SOMEONE CORRECT ME IF I AM WRONG).

You will be 34 when his ban is over. You can move any where you want at that time. Until then, there's LOTS of nice canada/US border towns. Not to mention Mexico/US (Living in Mexico is cheap, and if you commute you can be saving money for when he can finally live in the US.)

What are you studying?

[ellinida]

thanks for the support everyone and the advise

mzswing, i'm studying psychology and then going to do my grad work in social work.

[guerita]

well im sorry to write in on your problems ellinida..but okay so me and here are on the same boat pretty much but see my boyfriend has never left US since 2003. He' has been here for 4 years and did come ewi. is it just as big as problem? or will the fiance visa work for us?

[kitkat1]

well im sorry to write in on your problems ellinida..but okay so me and here are on the same boat pretty much but see my boyfriend has never left US since 2003. He' has been here for 4 years and did come ewi. is it just as big as problem? or will the fiance visa work for us?

One illegal entry is "waivable". You should start by filing for a fiance visa and when it is time for his interview in Ciudad Juarez, he will leave the US (until then, he is deportable -- even an approved fiance visa petition does not protect him so be careful). Make sure you tell the truth on all the forms -- the visa petition will still be approved with the EWI, etc.

You will be able to file a waiver through the pilot program so you hopefully won't have to wait more than a day or so for an answer. Start by reading through the fiance visa process on visajourney.com and be sure you read through the waiver letter examples and the rules on the ciudad juarez website: http://ciudadjuarez.usconsulate.gov/wwwhcishardship.html

[anja]

I would NOT attempt to have him cross into the US again.

And if he went back on a plane..... it is just very risky to try to say he only EWId once.

Like some others have already said, there are plenty of couples who live on the border in order to be together. That was actually our plan B and it honestly seemed kind of exciting and challenging.

You mentioned you wanted to go to graduate school. I'm not sure about social work, but there are several accredited psychology programs in Canada. This means that your degree would be accepted when you guys could come back to the US.

Think hard about your options and I wish you both the best of luck!

[mandy]

Its amazing how they never caught him when he lied about being here before EWI, when he was coming here to work---but now that he wants to immigrate permanently,its another story!!! Isn't our country just? I am so sorry that you guys are being put in this situation by OUR government. Its very unfiar how they thin out the legal immigration into this country!!!