Illegal Mexican wife

[solarant 0]

I am a USA citizen with two children aged 5 and 2 they are both by my illegal Mexican wife and both children were born in the USA.

I have read conflicting directions on how I should go about making her legal.

Can someone tell me if I should file the I-130 or should I file for a K-3.

I also want her to stay in the USA while any decision is being made on her status.

[kcoyclay1 98]

I am a USA citizen with two children aged 5 and 2 they are both by my illegal Mexican wife and both children were born in the USA.

I have read conflicting directions on how I should go about making her legal.

Can someone tell me if I should file the I-130 or should I file for a K-3.

I also want her to stay in the USA while any decision is being made on her status.

Based on the laws here if she was not inspected by immigration upon entering the US then USCIS will not recognize nor approve the petition but begin deportation process. If she returns to Mexico without their knowledge then you can petition for her but if she is in the system they will deport her and she will be barred from re-entering the US for ten years.

Edited March 7, 2009 by kcoyclay1

[queuedup 1]

You should hire a lawyer or discuss your case with a lawyer for options, if your wife entered the US and bypassed Immigration or Border Patrol on entry.

[YuAndDan 153]

I am a USA citizen with two children aged 5 and 2 they are both by my illegal Mexican wife and both children were born in the USA.

I have read conflicting directions on how I should go about making her legal.

Can someone tell me if I should file the I-130 or should I file for a K-3.

I also want her to stay in the USA while any decision is being made on her status.

Based on the laws here if she was not inspected by immigration upon entering the US then USCIS will not recognize nor approve the petition but begin deportation process. If she returns to Mexico without their knowledge then you can petition for her but if she is in the system they will deport her and she will be barred from re-entering the US for ten years.

Correct, a waiver may be filed for at the request of the consulate if that is the case.

Note K-3 uses I-130 too, you fie I-130 first and then file I-129F for the K-3.

[Cino 5]

Everything depends on HOW SHE HAS ENTERED TO USA, WITH INSPECTION OR WITHOUT INSPECTION ? !..

I sound like Shakespeare, "TO BE OR NOT TO BE "

You answer to this question first & I will tell you what to do. Comprender?

[King Solomon 0]

Your wife should sneak back home and you go marry her overthere, but don't let them know that she ever came here....

[Otto 83]

Your wife should sneak back home and you go marry her overthere, but don't let them know that she ever came here....

FYI - Its a good idea to refrain from suggesting actions that could be/prove-to-be misleading, circumventing the system, or possibly illegal on VJ.

[Brad and Vika 129]

Your wife should sneak back home and you go marry her overthere, but don't let them know that she ever came here....

I respectfully disagree. With two USC kids by the woman, it will be tough to convince USCIS that she wasn't ever here.

[canadian_wife 1,829]

NO NO NO NO

NO sneaking. how on earth do you suggest the OP gets around the US marriage licence and the 2 US children with US birth certificates?!?!?

Back to the topic at hand. OP - you will need to file the I-130 regardless of what visa you go for. You may then choose to file the I-129F for the K-3 or simply continue with the I-130 and go for the IR-1. Your wife's ability to stay in the US for the duration of the process depends on how the initially entered the US. Good luck.

Edited March 7, 2009 by canadian_wife

[JoBri 548]

Hmmmmm....

I wonder what job prospects for you would be like in Mexico? Have you considered moving there? Based on what I have read in the past, I dont think there will be much of a chance for her to ever come here to stay legally, not if she came here illegally.

NO NO NO NO

NO sneaking. how on earth do you suggest the OP gets around the US marriage licence and the 2 US children with US birth certificates?!?!?

Back to the topic at hand. OP - you will need to file the I-130 regardless of what visa you go for. You may then choose to file the I-129F for the K-3 or simply continue with the I-130 and go for the IR-1. Your wife's ability to stay in the US for the duration of the process depends on how the initially entered the US. Good luck.

[conquest 0]

She has had 2 USC babies (unless she had them at home and the babies have no record) so what makes you think she will not be on US Immigrations radar? I imagine t is already only a matter of time that she will get a deportation letter for a hearing to send her home. Fortunately US government is very slow at this.

It is unfortunate that US law would sepperate a family under these circumstances. I would think that your best bet is to see a lawyer ( a good one do not go to the first one you meet). If he has no good news I suggest you wait for Obama to hand out his amnesty( which I think he will). I have a friend who was caught by immigration for being here illegally and her deportation hearing date was 2 years out. Like she was going to be there for them to come and get her in two years. They found her out when she applied for a drivers license as in washington state you can get one even though being illegal.

Dont you think that going to a hospital and having a baby hasnt already put her on the deportaion radar?

I have always wondered what an illegal is to do when they do find a mate or have childeren here because they cant stay. They get married and not only cant they stay they are band from the US. Dosent make for a good family and rips apart the relationship of the USC.

Good luck this aint gonna be easy for either of you as Immigation dont give a ####### about you her or your family they only see that she is illegal. This system is sooooooooooo screwed up its un freaking believable.

Just know that as you go through this there is a good chance you will be seperated for a very long time or for the rest of your lives you will have to fight long and hard and in the end you might have to live in mexico if you want to be together.

My friend will have to leave the USA and her child is 5 years old and is a USC the fact is she has to leave but the child does not and if she cant afford to fly him home with her the US will not and she will have to leave him here award of the state.

That is our system and what a system it is. No concern for families for relationships for true love for the very thing that is most important to us as humans.

Sorry for the harsh reality you maybe able to pull this off but like I said its not going to be easy

Edited March 8, 2009 by conquest

[missmissy 38]

Your wife should sneak back home and you go marry her overthere, but don't let them know that she ever came here....

FYI - Its a good idea to refrain from suggesting actions that could be/prove-to-be misleading, circumventing the system, or possibly illegal on VJ.

I agree, it's this kind of answer that kicks off a lot of misunderstandings

[conquest 0]

OH yeah no sneaking or you will be done for sure with no hope fo ever havig a good life with her. Trust me they know she is already here maybe you know that and havent said or the US government just hasnt gotten around to sending her a letter but be assured they know.

[Brad and Vika 129]

She has had 2 USC babies (unless she had them at home and the babies have no record) so what makes you think she will not be on US Immigrations radar? I imagine t is already only a matter of time that she will get a deportation letter for a hearing to send her home. Fortunately US government is very slow at this.

It is unfortunate that US law would sepperate a family under these circumstances. I would think that your best bet is to see a lawyer ( a good one do not go to the first one you meet). If he has no good news I suggest you wait for Obama to hand out his amnesty( which I think he will). I have a friend who was caught by immigration for being here illegally and her deportation hearing date was 2 years out. Like she was going to be there for them to come and get her in two years. They found her out when she applied for a drivers license as in washington state you can get one even though being illegal.

Dont you think that going to a hospital and having a baby hasnt already put her on the deportaion radar?

I have always wondered what an illegal is to do when they do find a mate or have childeren here because they cant stay. They get married and not only cant they stay they are band from the US. Dosent make for a good family and rips apart the relationship of the USC.

Good luck this aint gonna be easy for either of you as Immigation dont give a ####### about you her or your family they only see that she is illegal. This system is sooooooooooo screwed up its un freaking believable.

Just know that as you go through this there is a good chance you will be seperated for a very long time or for the rest of your lives you will have to fight long and hard and in the end you might have to live in mexico if you want to be together.

My friend will have to leave the USA and her child is 5 years old and is a USC the fact is she has to leave but the child does not and if she cant afford to fly him home with her the US will not and she will have to leave him here award of the state.

That is our system and what a system it is. No concern for families for relationships for true love for the very thing that is most important to us as humans.

Sorry for the harsh reality you maybe able to pull this off but like I said its not going to be easy

Seeing a lawyer under these circumstances is adviseable. And no, hospital care w/o a green card does not necessarily mean that Homeland Security knows anything about her. She may still be under the radar, but that will end immediately with the filing of a petition.

[LucyLovesRicky 0]

Granted it was in 1992 and laws have changed but my ex-husband was here illegally. He emtered "WITHOUT INSPECTION". He He was allowed to stay here during the process and was approved. He was even approved for AOS after I had filed for divorce. Best to talk to a lawyer. I would even call USCIS and ask them questions on what to do. You don't have to tell them who you are until you file your paperwork.