married or fiancee visa in this situation

[USAMEX 0]

would it be faster/easier to marry my fiancee here (usa) and file his visa papers here (he entered from mexico illegally) or get married here and then send him back home to MEX and file from here.... or is it better to just send him home and get the fiancee vias... vert confused...

Some background: we met and got pregnant but he returned home after being here for a very short time... he came back after the baby was born b/c i was alone and homeless.. our baby is a year old now and he hasnt gone back to MEX yet

[Gaby&Talbert 1]

Did he enter legally the second time?

[Minya's wife 25]

Did he enter legally the second time?

It seems the OP's husband entererred without inspection, therefore making him ineligible to file AOS here in the US.

would it be faster/easier to marry my fiancee here (usa) and file his visa papers here (he entered from mexico illegally) or get married here and then send him back home to MEX and file from here.... or is it better to just send him home and get the fiancee vias... vert confused...

Some background: we met and got pregnant but he returned home after being here for a very short time... he came back after the baby was born b/c i was alone and homeless.. our baby is a year old now and he hasnt gone back to MEX yet

You can marry here but he cannot apply for his green card from within the US. He will have to return, while you file the I-130 (Petition for Spouse) and then interview at the consulate in his home country for either for a visa to be able to legally return. Having entered without inspection makes him ineligible to file from here in the US.

Not sure about any ramifications to his illegal stay here in the US....maybe somene else can chime in on that.

Good luck,

-P

[payxibka 10,045]

Did he enter legally the second time?

It seems the OP's husband entererred without inspection, therefore making him ineligible to file AOS here in the US.

would it be faster/easier to marry my fiancee here (usa) and file his visa papers here (he entered from mexico illegally) or get married here and then send him back home to MEX and file from here.... or is it better to just send him home and get the fiancee vias... vert confused...

Some background: we met and got pregnant but he returned home after being here for a very short time... he came back after the baby was born b/c i was alone and homeless.. our baby is a year old now and he hasnt gone back to MEX yet

You can marry here but he cannot apply for his green card from within the US. He will have to return, while you file the I-130 (Petition for Spouse) and then interview at the consulate in his home country for either for a visa to be able to legally return. Having entered without inspection makes him ineligible to file from here in the US.

Not sure about any ramifications to his illegal stay here in the US....maybe somene else can chime in on that.

Good luck,

-P

His illegal presence will cause the initial visa application to be denied requiring the submission of a waiver request.

[Minya's wife 25]

Did he enter legally the second time?

It seems the OP's husband entererred without inspection, therefore making him ineligible to file AOS here in the US.

would it be faster/easier to marry my fiancee here (usa) and file his visa papers here (he entered from mexico illegally) or get married here and then send him back home to MEX and file from here.... or is it better to just send him home and get the fiancee vias... vert confused...

Some background: we met and got pregnant but he returned home after being here for a very short time... he came back after the baby was born b/c i was alone and homeless.. our baby is a year old now and he hasnt gone back to MEX yet

You can marry here but he cannot apply for his green card from within the US. He will have to return, while you file the I-130 (Petition for Spouse) and then interview at the consulate in his home country for either for a visa to be able to legally return. Having entered without inspection makes him ineligible to file from here in the US.

Not sure about any ramifications to his illegal stay here in the US....maybe somene else can chime in on that.

Good luck,

-P

His illegal presence will cause the initial visa application to be denied requiring the submission of a waiver request.

You know, this is something I've wondered about. If for example, the person who enters US without inspection....goes back to mexico(also without inspection), where is the 'illegal presence' recorded?

-P

[payxibka 10,045]

Did he enter legally the second time?

It seems the OP's husband entererred without inspection, therefore making him ineligible to file AOS here in the US.

would it be faster/easier to marry my fiancee here (usa) and file his visa papers here (he entered from mexico illegally) or get married here and then send him back home to MEX and file from here.... or is it better to just send him home and get the fiancee vias... vert confused...

Some background: we met and got pregnant but he returned home after being here for a very short time... he came back after the baby was born b/c i was alone and homeless.. our baby is a year old now and he hasnt gone back to MEX yet

You can marry here but he cannot apply for his green card from within the US. He will have to return, while you file the I-130 (Petition for Spouse) and then interview at the consulate in his home country for either for a visa to be able to legally return. Having entered without inspection makes him ineligible to file from here in the US.

Not sure about any ramifications to his illegal stay here in the US....maybe somene else can chime in on that.

Good luck,

-P

His illegal presence will cause the initial visa application to be denied requiring the submission of a waiver request.

You know, this is something I've wondered about. If for example, the person who enters US without inspection....goes back to mexico(also without inspection), where is the 'illegal presence' recorded?

-P

It is on the honor system.....

[Beth/ Paris Heart 2]

Did he enter legally the second time?

It seems the OP's husband entererred without inspection, therefore making him ineligible to file AOS here in the US.

would it be faster/easier to marry my fiancee here (usa) and file his visa papers here (he entered from mexico illegally) or get married here and then send him back home to MEX and file from here.... or is it better to just send him home and get the fiancee vias... vert confused...

Some background: we met and got pregnant but he returned home after being here for a very short time... he came back after the baby was born b/c i was alone and homeless.. our baby is a year old now and he hasnt gone back to MEX yet

You can marry here but he cannot apply for his green card from within the US. He will have to return, while you file the I-130 (Petition for Spouse) and then interview at the consulate in his home country for either for a visa to be able to legally return. Having entered without inspection makes him ineligible to file from here in the US.

Not sure about any ramifications to his illegal stay here in the US....maybe somene else can chime in on that.

Good luck,

-P

His illegal presence will cause the initial visa application to be denied requiring the submission of a waiver request.

You know, this is something I've wondered about. If for example, the person who enters US without inspection....goes back to mexico(also without inspection), where is the 'illegal presence' recorded?

-P

It is on the honor system.....

Its only recorded if umm U.S. Customs/Border Patrol catch them. If we dont know their here illegally, nothing is recorded.

Best of luck on your journey.

Paris Heart

[Gaby&Talbert 1]

They may check up on him but if caught not telling the truth it will be a lifetime ban. With 2 EWI's I don't know if they will qualify for a waiver immediately. They need to speak with a lawyer familiar with Juarez and see. He may have to spend some time in Mexico and have to apply all over over again after the ban is up? But do not leave the country until you have spoken with a lawyer like Laurel Scott.

[shadtov 0]

Did he enter legally the second time?

It seems the OP's husband entererred without inspection, therefore making him ineligible to file AOS here in the US.

would it be faster/easier to marry my fiancee here (usa) and file his visa papers here (he entered from mexico illegally) or get married here and then send him back home to MEX and file from here.... or is it better to just send him home and get the fiancee vias... vert confused...

Some background: we met and got pregnant but he returned home after being here for a very short time... he came back after the baby was born b/c i was alone and homeless.. our baby is a year old now and he hasnt gone back to MEX yet

You can marry here but he cannot apply for his green card from within the US. He will have to return, while you file the I-130 (Petition for Spouse) and then interview at the consulate in his home country for either for a visa to be able to legally return. Having entered without inspection makes him ineligible to file from here in the US.

Not sure about any ramifications to his illegal stay here in the US....maybe somene else can chime in on that.

Good luck,

-P

His illegal presence will cause the initial visa application to be denied requiring the submission of a waiver request.

You know, this is something I've wondered about. If for example, the person who enters US without inspection....goes back to mexico(also without inspection), where is the 'illegal presence' recorded?

-P

It is on the honor system.....

Its only recorded if umm U.S. Customs/Border Patrol catch them. If we dont know their here illegally, nothing is recorded.

Best of luck on your journey.

Paris Heart

I think the baby would be "proof" that someone was in the US.

My friend is putting together all of the waiver info from the US, with her husband here. It's taking her a while to pay the back taxes (he worked here) and get together the money for the application process. I'm not completely familiar with the process, since we did 129F and AOS here, but I know he was fingerprinted at the border only once.

If you search old posts there is lots of good advice to other posters about this topic.