Help with I-129/I-130

[Cathy&Antonio 0]

Here is my situation... My fiance and I have known each other for ten years. Earlier this year we started dating and I finally gave it a real chance. He proposed to me in September, and I finally find myself in a secure enough position to get married (finally got my degree, etc). However, in those ten years he was deported since he initially came into the US without inspection. We want to get married, but we're not really sure what the best route would be. Right now we're debating whether he should go to Mexico and apply for an I-129 (fiance visa) or go ahead and get married and apply for an I-130. Will he be automatically denied since he was previously deported?

[Minya's wife 24]

Where is your fiancee now?

[Cathy&Antonio 0]

Where is your fiancee now?

He's in the US (still illegaly).

[payxibka 10,045]

If he is EWI, he will not be able to stay....

[Minya's wife 24]

Please read the Guides

The I-129f is a fiancee visa, the beneficiary must be a "fiancee" (not spouse) when he enters the US, you then marry here and apply to adjust his status.

The I-130 is filled out if you're married already and you want to bring your spouse(not fiancee) here as an immigrant, meaning he/she will have a greencard upon entering the US.

Given that you have a more complicated situation, perhaps a consultation with a qualified immigration attorney would be in order.

If your fiancee has been deported before, there may be some sort of ban in place preventing him from receiving any kind of visa....or adjusting staus without some sort of a waiver.

I would definitely consult an attorney.

Good luck,

-P

[YuAndDan 153]

Where is your fiancee now?

He's in the US (still illegaly).

You say DHS departed him once and he came back?

First time results in a bar that can have a waiver applied for when it comes up at visa interview, second illegal entry usually results in a lifetime ban.

You may be looking at living south of the border.

[tijuanahilton 0]

you'll eventually have to apply for a waiver in Juarez. I'm not sure of the specifics, but I do know that www.immigrate2us.net deals primarily with that issue.

[Minya's wife 24]

Where is your fiancee now?

He's in the US (still illegaly).

You will need to speak with an attorney. I am not certain, but if he entered without inspection, he will not be able to adjust status in the US, based upon marriage to you. Should he then return to his home country a ban may be in place which would prevent re-entry unless he is eligible and secures a waiver.

Regarding your wish to get married...you can be married w/ a foreigner at any time, anywere (provided you meet certain administrative requirements like ID verifications and the like). The important thing is whether your new spouse can have immigration benefits based upon that marriage to you.

-P

Edited December 11, 2007 by Paula&Minya