Please help me!

[Ms. Sweet]

PLease help. I'm an american woman currently residing in america w/ my illegal Honduran boyfriend. We want to get married so bad right now but when he spoke w/ his consulate they said he would have to go back to honduras to get married b/c of a slight problem he ran into when he first arrived here.
When he first got off the bus here in new orleans he was caught by an immigration officer and given a court date to attend. However, being that he had just gotten here, he didn't have transportation, money , or a job to make the money he needed to go to the trial. so needless to say he didn't get to attend.
Now here we are happily together and wanting to get married, but since he didn't get to attend his trial (no matter the reason why) the american immigration board will not allow him to get married to me here, and if we try they said they will arrest him!
I'm so scared and just down right upset about how we're going to clear this hurdle. The police don't have his name, but they do have his finger prints so he's in the system; even though he didn't commit any crime! There's got to be some way around this.... if anyone has any tips, info or ideas, please help us out.:thumbup:
oh yeh, and one more bit of info... they said the only way we can get married is if we got to honduras, but how are we supposed to get there when that requires a passport and visa. Two things that he definately can't get. This constant red tape is killing me!!!!!!!!!!!!!!!!:bang:

[kitkat1]

If you want to get married in the US, check the requirements for your state to obtain a marriage license. There is no reason you would have to return to Honduras simply to marry.

If he entered illegally and was caught by an IO and fingerprints taken, it sounds like he was given a deporation order. Either way, if he entered illegally, he cannot adjust to legal status while in the US and will have to go through consular processing in his country. He will also need to file waivers (at least the 601 which covers illegal presence assuming he he been illegally present for more than 180 days) and a 212 if he was deported. Along with the waiver you must provide a letter proving extreme hardship to you if his visa is ultimately denied as well as evidence and documentation. Once he goes to his interview in Honduras, he will be denied and told if he is eligible for the waivers. Then they are submitted and he will have to stay there while they are adjudicated. Could be 6-12 months.

I would start by reading the waiver forums here, attorney Laurel Scott's 601 waiver guideslines here: http://www.visacentral.net/I601Memo.pdf as well as the Fiance/Spouse petition process here: http://travel.state.gov/visa/immigrants/types/types_1315.html

BTW, this section "Suggestions/Problems" refers to the website. You'll get more help if you post in the correct section, in this case the waiver forums.

[jsierra1982]

hey sweet-

you're in the right place!

anyway, while getting married won't solve his immigration problems right off the bat, i do believe you can get married in the us--you may have to poke around before you find a state/county that will let you, but you definitely can--when i got my marriage license, i know they didn't cross-check with immigration or anything--though they did want his passport, which scared me at first. some places want ssn's, and some don't- try reading this thread to see where some of us had success in getting marriage licenses for our illegal spouses:

http://immigrate2us.net/forum/showthread.php?t=333

where are you in the us? there's a huge honduran population here in b-more--my sweetie is one of a handful of mexicans in an enormous community of hondurans and salvadorans.

[jsierra1982]

oops double post. sorry.

[aguafria]

ms sweet,
My fiance is from Honduras and he's in Honduras at this moment. His initial interview is on Monday, July 23. I'm not sure about the marriage license, since we're planning to marry when he returns. You may want to try looking at what your state requires to obtain a marriage license. I had one lawyer tell me that I needed to go to Honduras and marry before I could begin any type of immigration process. Another lawyer told me to marry and wait for the laws to change. I decided not to use a lawyer and I am not marrying in Honduras. Do your research, you may have more options then you think. The I2US family will help you in any way we can.

[Cynthia]

Moved From Another Forum/section. :)