Question about Marriage to an illegal immigrant

[Peter&Jaime 1]

Hi everyone!

I have a question to ask on behalf of a friend who wants some immigration related information. My friend is thinking of marrying her boyfriend who is an illegal immigrant from Mexico. Both are still married but separated. He is married to a USC but never filed immigration papers. He and his wife have been married for 9 years and separated for 7. Both my friend and her boyfriend are thinking of getting divorces and marrying. I told them to consult a lawyer but I was wondering if anyone on here has married someone who entered the USA illegally and what the immigration process will be like? Any tips or suggestions would be highly appreciated!! Thanks!

Edited November 9, 2008 by Peter'n'Jaime

[tabta 0]

I have not married someone who was here illegally, but I can tell you that it is a long process, especially with someone from Mexico. They will have to file for a visa just like everyone else. The difference will be at the interview they will have to submit a waiver. I am not sure about the wait time for a waiver now but it was up to about 12 months. During this time he will have to remain in mexico and wait.

[moonhunt 1]

For illegal immigrant marrying to US Citizen, you should have answer for this one.

Did he/she come to US legally?

If he/she came to U.S. with proper documentation, then he/she became illegal alien because his/her stay was over the allowed date, usually USCIS will not punish for it, and it shouldn't have a problem.

But if he/she came to U.S. without proper documentation such as I-94 or I-94W, it will be a problem.

Besides, depending on the State where they are living, the law may not allow re-marrying within certain time from divorce date such as 6 months or 1 year.

[Peter&Jaime 1]

Thanks for the great comments Moonhunt and Tabta. I am fairly certain that he came illegal. If I understand correctly they will both need to divorce and he will have to return to Mexico and wait for the k-3 or K-1 visa. Obviously on the forms he would need to note that he lived illegally in the United States. Would that be an automatic rejection of his case?

[moonhunt 1]

Thanks for the great comments Moonhunt and Tabta. I am fairly certain that he came illegal. If I understand correctly they will both need to divorce and he will have to return to Mexico and wait for the k-3 or K-1 visa. Obviously on the forms he would need to note that he lived illegally in the United States. Would that be an automatic rejection of his case?

I would recommend definetely to consult with immigration attorney.

If he goes back to Mexico, he will have to wait for 10 years.

If illegal stay is more than 1 year, it will be 10 year banning to U.S.

If I were him, I would consult with Immigration laywers for all possible options.

It may cost some money, but he can save time and money by separating with her for indefinite time - 10 years ban plus immigration processing time -.