Tricky Questions..

[cecelia80 0]

Hello all. I have an interesting/tricky question/s.

My boyfriend is an illegal Mexican immigrant who has been residing in the US for several years. We have been together for over a year and are starting to talk marriage. We are willing to live in Mexico for awhile, and I love him so much, I just want to make sure we are careful about everything and do this the right way...

All political considerations aside, I have some practical questions:

1. Getting married here would raise some questions about how he got here in the first place, right? And then any status adjustment would be questionable- or no?

2. Because of the doubts of question #1, I have been considering going the K1 visa route. Obviously, he would have to go back to Mexico while awaiting any pertinent interview information...but as I have been reading other posts in this forum, I have seen that many consulate interviews involve questions about how & where we met. And more importantly, if the non-USC has ever been to the USA before. Any ideas on this one? Would he just have to tell the truth about it and risk denial? Also, what about the photos and proof that must be provided?

3. Back in 2002 I began the process for a K1 visa with my ex-boyfriend (from Cuba-FYI we met when I studied abroad there). I did this through a well-known immigration attorney in my city, but then decided I didn't want to get married to him and we broke up. So: will this look bad on my part? Are these grounds for denial of a subsequent K1 visa application? I cancelled the process (rather, my attorney did) and he never even got to the interview part of the process.

To anyone who got through all 3 of my issues, THANK YOU and any ideas/advice would be great.

PS- another option we are considering is to see what happens in the coming months as congress debates the immigration issue. I think we WILL, no matter what, see what happens with that before doing anything Visa-wise. I just want to make sure we make the right decision.

Thanks again!!!

[motu 6]

If he is here illegally then you have a big hurdle in front of you - e.g. denial. If he is granted status with a rule change in the next few months (who knows how it will all end up) then he should stay here and you should get married here.

Your previous sponsorship or petitioning for a K1 that was never completed (or even if completed) won't have any bearing on the next petition (other than the number of petitions in a short period for the IRMB (or whatever it is called) rules. Good Luck

[meauxna 15]

Hello all. I have an interesting/tricky question/s.

My boyfriend is an illegal Mexican immigrant who has been residing in the US for several years.

There are two types of illegal: those who snuck over the border (EWI/Entered Without Inspection) and those who entered legally but overstayed their legal period of admission. Your options depend on which type of illegal he is.

If he is EWI, he can NOT adjust status in the US under current law. You petition him, he gets a visa appt, he goes to Mexico & is denied a visa. Then you can file a wiaver and wait some more. This all takes about 2 years. It's expensive, and you must be 1000% committed, emotionally and financially. You should not attempt this on your own; there is a group devoted to the topic at immigrate2us.net in the I-601 Forum. Read their pinned posts first.

You should also count OUT you living in Mexico---your "inability" to live there will be an important part of you getting him to the US legally.

Idea #2: You can peition him as a fiance. He would go about the same procedure as above. It may be faster for a fiance.

Idea #3: You will need to declare your past petition. It will have little to no impact.

Above all, don't fall into the trap of thinking that you/he can not declare his illegal entry---too many ways to get tripped up (as you've noticed). You will always do better with CIS by tellig the truth, because the penalties for teling a lie are far worse than the penalties for anything he's done.

Last option: sit tight. No one knows what the final law will look like or when/if it might get passed, but it looks like there will eventually be some forgiveness handed out. Get all his documents together, proof of how many years he's been in the US etc and keep them handy. I wouldn't make any sudden moves for the moment, including getting married.