RE: Marriage w/ illegal immigrant

[kika83]

Hello this is my first time on this website and I was hoping I can get some opinions on my situation. I am a U.S. citizen and my boyfriend of two years who came to the US illegaly from Mexico in 2001 and we would like to get married. We were kind of waiting on a reform to pass but I knew this reform wouldn't budge so we want go on with our plans. He crossed the border in 2001 but was stopped by immigration he was fingerprinted and was told to leave the country voluntarily. Well he made it seem as he did but crossed the border two days from that incident. He lived in california for about 4 years held a job and even took some english classes so he registered in a public college. When he moved to Illinois he got a matricula consular 2 1/2 yrs ago. So now he is working and still taking english classes so it would be obvious to find out that he has been here illegaly all these years. Well we first thought that he should go back to Mexico and we would get married there or I can apply him as a fiance. But I was told that wouldn't be a good idea. So we would like to marry as soon as possible just in case maybe the gov decides to pass the 245i law. If we do get married within the next month I assume I can apply for him right away. I thought I can do all the paperwork myself and if any reason they deny the petition I would involve a lawyer. Could I possibly avoid him leaving the country. Is there anyone out there whose spouse did not need to leave the country while filing there papers?
Thanks:thumbup:

[cherrycandy001]

Kika,

If he came in EWI he HAS to go through the Mexican consulate in Ciudad Juarez. I am assuming he is Mexican of course.

[angela256z]

He is going to have to leave the country to file since he EWI'ed. You will file a I-130 if you are married or I-129F if you are engaged. You will then have an appointment in CDJ and he will have to submit a waiver for his EWI. There is more to the process this is just a condensed overview of it. Try posting your questions under the I-601 - Mexico area. More people visit that area that are going through this situation.

[Luckysprite]

You can file the I130 if you are already married, and then the I129f (optional) or if you simply want to petition for him as your fiance - then you only file the I29f.

The other posts are correct - because he entered without inspection - he will need to atleast leave the country for his interview. There is a new pilot program currently in place in Mexico however, in which he could file the I601 waiver a couple of days after his initial interview. If the waiver was 'clearly approvable' then he could be issued his visa that day and return to the US.

Most people who have been approved since the pilot program began in March 2007 have spent about 7-10 days in mexico for the entire process.

If you file once you are married - you will file the I130 first. This is to prove the validity of your marriage. Upon approval - your case will be sent to the National Visa Center for more paperwork. When that is complete an interview will be scheduled at the consulate in Ciudad Juarez. Currently - appointments are taking about a year to get. During all of that your husband would be able to remain in the US - but would have no change in his status, therefore still making him vulnerable to deporation. At the first interview - your husband's visa would be denied due to the unlawful presence in the US. This is where you would file the waiver 1-2 days later and hopefully get an approval.

[Laura]

Kika - It sounds like your boyfriend only has one stay of illegal presence and hopefully doesn't have a criminal record. It sounds like you should be able to file as the others said and take advantage of the CDJ pilot program, which will hopefully only require your then husband to be out of the U.S. for about a week or so.

You should start reading in the I-601 waiver section - check out the approved hardship letters and some of the other information in the stickys. All in all, the process has gotten remarkably easier since March for most people, so be happy for that. Reinstating 245i hasn't been in discussion for re-passage since 2001, and there's really no point in waiting considering how much more likely a person is to be deported these days and the relatively good chances that your spouse will only leave the U.S. for a week.

Good luck and welcome!

[ratito921]

good luck on your journey!!

[hectorswife]

Welcome kika83!! Listen to these ladies, they know what they're talking about! Everything has been covered, I just wanted to say welcome!! :wave:

[everything4love]

I dont think this was answered but just in case.
Yeah you can file right away. I filed a month after we married.

[kika83]

Wow thank you guys so much on the 411. Yes my oyfiend is Mexican and he has no criminal background. I had no idea about this pilot program. Im going to have to look into this.
Thanks again and best of luck to everyone else.

[mariagerardo]

I just started looking into this. My fiance and I were about to apply for a fiance visa for him, but I consulted a lawyer who advised me to get married in Mexico first and then apply for him with an I130 and I129. He is also going to need a waiver because he was caught at the border trying to cross and a few months later he tried again and this time he did EWI. He lived in the US for a little less than a year, during this time we met, and then had to return to Mexico because his father died. He has been in Mexico ever since Dec. 2005.

I have traveled to Mexico on nine different times to be with him. It has been very hard living apart and it is soooo expensive to travel to see him. We are now planning on getting married next month in Mexico and I will be filing for him immediately.

I would appreciate any advise you guys mught have.

Thanks for reading my post.

Maria.

[Laura]

Maria - So am I correct to assume that your boyfriend/fiance only has one period of illegal presence in the U.S. that was more than one year? Like he entered, was caught, released in Mexico right away, then entered and stayed for a while, and then left permanently?

If that is the case, it sounds like you will be good to file the waiver. Either the fiance or the spouse route is okay, but since you are already separated, it's probably better that you do not marry, and just file the I-129F. This will be a much faster process for him to return to the U.S., rather than waiting for I-130 approval, then filing the I-129F to speed up the interview, etc.

If you do not marry and file the I-129f immediately, you could go to CDJ for your interview (with the hardship letter/packet prepared) in about 6 months. You would make a second appointment a few days after the interview for the Infopass, turn in your hardship letter, and hopefully be approved then and there. He would re-enter the U.S., you would marry within 90 days, and then adjust his status so he could work, etc.

I hope this helps!!!!

[kitkat1]

Fiance visa processing is much faster in CDJ than spousal visas (K3 or CR1) because there is no wait for an appointment. Once an approved petition has passed through the NVC and been processed by CDJ, they send out a Fiance Packet. At that point, the beneficiary can go for the medical and visa interview - there is no appointment necessary. With the CDJ pilot program approvals so fast, a Mexican fiance could potentially be completely finished with the process in 6 months, depending on how long the service center takes.

It really bothers me that an attorney is saying you should get married when the law allows fiances to file and it's so much faster in Mexico. Unless your hardships are significantly different if you are married (can't imagine what would qualify for that) then I would go the K1 route without question.

[mariagerardo]

Yes, you are correct Laurafern, my fiance only has one period of ilegal stay in the US. We has been in Mexico since Dec 2005. I was under the impression that filing as a fiance WOULD be much faster than as a spouse. In fact I had the fiance petition packet all prepared but just wanted to get a professional opinion and went to see two different lawyers who told me the same thing. They claim that as a fiance I would not have a strong case to prove "extreme hardship" when we filed for a waiver. Both lawyers suggested to get married and then I would have a stronger case to get his waiver approved. I am soooo confused, my fiance and I have decided to speed up the wedding and get married in Mexico so that we can have a better change to be together soon. The lawyers said it would take about 12 - 18 months for the whole process. (that seems such a long time).

Please, if anyone has a similar situation, what have you experienced and what did you do in your case. I realy appreciate all your comments. I feel completely lost.

[Laura]

Honestly, it seems like the only thing you are doing by getting married right away is slowing down your process of being together. The approval rate for an I-601 waiver in CDJ through the pilot program is very high, especially when there are no complicating factors (like a criminal history) and you are well-prepared, which you certainly will be. I don't think there is evidence that fiances are less likely to be approved than spouses. Can anyone else comment on this?

While in one way it seems that a spouse case is easier to prove hardship, If you don't have kids or any real joined financial-related hardships now, getting married in Mexico is not going to change that. Instead of your arguments being based on your marital bond, you write from the perspective that you have found the person you want to be with and that you need your future together to be in the U.S.

Of course whatever you decide, you will probably be approved, but it seems like the advice from the lawyer is only prolonging your separation. Does this lawyer have a lot of experience with K-1 vs. K-3s in CDJ? We all know Laurel does, so perhaps consulting or asking her in the free chat would help you decide what to do.

[mariagerardo]

I would really like to speak to her or email her about my case. Please tell me how I can get in tough with her. My fiance and I have planned to get married on August 18, but not if it will make things go slower.

Thanks!!

[Laura]

Check out her website at www.visacentral.net. A phone consult is $100 or $150. Totally worth it. She's specializes in the I-601, and has tons of experience with CDJ.

[kitkat1]

Mariagerardo, your lawyers are giving you very bad advice. As laurafern explained, the only way being married would make any difference is if it would significantly change your hardships. Since you're not gonna end up with 5 children to support alone by getting married (not right away) this advice makes no sense.

If you get married and file, once your petition is approved you are either looking at 4-6 months for a K3 spousal visa interview appointment or 10-12 months for a CR1 spousal visa interview appointment. With a K1, you don't need to wait for an interview. Once you have the packet, all the financial support information and he has done his medical, it's an open appointment. With the pilot program you will most likely be approved in a day.

There are plenty of people here and on Visa Journey whose waivers for Mexican fiances have been approved - especially in the past few months. I cannot remember any Mexico fiance waiver denials in the past 18 months. If you are planning to speak to either lawyer again, I would push hard to ask for proof --do they experience in CDJ with fiance visas and waivers or are they basing their comments on other consulates? I would be very very leery - and I would DEFINITELY wait to get married. File the paperwork now and get the process started (first talk to Laurel so she can confirm everything we've said is true)! Good luck - I'll watch for you waiver approval at the beginning of next year!

[mariagerardo]

I have just paid for a consultation with Laurel Scott. I hope to hear from her soon and trust that she will have something better for me.

Thank you all for all your help. I truly hope that like you say, we can get approved by the beginning of the year.

:)

[Mishu]

I am in the same boat as Mariegerardo. My fiance and I are applying for a K-1 visa...sent today. I am also worried about the hardship letter. I don't have any children, no medical problems, no caregiving issues. Debt and lose of employment (although, I am an English as a Second Language teacher, so i can really almost teach anywhere!?!?!)....So, I am also very apprehensive about this whole process.

I have seen two lawyers also, and neither of them seemed to be "experts" in filing this kind of waiver. So, it is really hard to figure out whose advice to follow. So I can totally sympathize....