Illegal Mexican wife

[kcoyclay1 98]

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.

As you say that was 1992. 9/11 changed a lot if things, I doubt they will be lenient. They are stepping up and putting their foot down on things that they had turned a blind eye or shown favour to.

[ailyn 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.

Hire a lawyer with the best knowledge about this kind of case. Goodluck!

[Brad and Vika 129]

I think amnesty might be the best hope. Asking for some sort of hardship exception through counsel could work because the kids are so young.

[EstebanTrabajos 7]

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?

Indeed,

If she overstayed her visa, she can adjust status while in the US.

If she entered w/o documentation (crossed the desert etc etc) she needs to go back to Mexico and you need to apply for a spouse's visa.

Edited March 9, 2009 by TävôLuDô

[dodson01 0]

If your wife entered with inspection and overstayed her visa, she will be able to adjust her status here in the U.S. without leaving.

If she entered without inspection (crossing border without being inspected by an immigration officer), she will have to return to her home country where a waiver (I-601) will be filed showing extreme hardship to a U.S. citizen spouse, parent or child and then wait while the waiver is being adjudicated. If your spouse is from Mexico, they have the pilot program where it could be immediately approved within a matter of days or else if it is not immediately approvable like some cases that have criminal charges, DUI's, etc., it will be backlogged and the wait could be 12-15 months.

However, you need to post more information before obtaining an accurate answer based upon whether your wife has ever left the U.S. after arriving. Has she had multiple entries?

If everything goes well, you might qualify for the waiver and be able to do something about your wife's situation.

[JoBri 545]

Well, he already said it is his "illegal Mexican wife". What more is there to be left to say, other than she hopped over the border without papers, and got pregnant and now is in a predicament?? Of course she is here illegally! Didnt he say that in his initial post??

There aint no way around that one.

Good luck

[dodson01 0]

Well, he already said it is his "illegal Mexican wife". What more is there to be left to say, other than she hopped over the border without papers, and got pregnant and now is in a predicament?? Of course she is here illegally! Didnt he say that in his initial post??

There aint no way around that one.

Good luck

If you have nothing better to say than this, don't respond. You can enter the U.S. with a visa and still be classfied as "illegal" due to an overstay. So before you become so sarcastic, know what you are talking about.

[JoBri 545]

Actually, if I had a name and address, I would report it myself. Am sick and tired of illegal aliens hopping the border to here and back, and me having to support them.

Well, he already said it is his "illegal Mexican wife". What more is there to be left to say, other than she hopped over the border without papers, and got pregnant and now is in a predicament?? Of course she is here illegally! Didnt he say that in his initial post??

There aint no way around that one.

Good luck

If you have nothing better to say than this, don't respond. You can enter the U.S. with a visa and still be classfied as "illegal" due to an overstay. So before you become so sarcastic, know what you are talking about.

[Brad and Vika 129]

[dodson01 0]

Actually, if I had a name and address, I would report it myself. Am sick and tired of illegal aliens hopping the border to here and back, and me having to support them.

I can understand your frustrations considering that probably half your family is on welfare and you are supporting them. It sucks doesn't it. I sleep well at night with my conscience. Try it some time.

[JoBri 545]

dodson01.

Actually, I work 16 hours a day as a legal US Citizen. And none of my family is on welfare, and never have been. And thank you, but my conscience is quite clear and I sleep wonderfully.. hehe... I would say those who come illegally, that THEIR conscience isnt so clear and dont sleep so well... My wife is also coming here as a LEGAL immigrant, and she wont be on welfare either, nor will she be supported by other taxpayers in any way. The point is, she will be LEGALLY here, and not a liability on other Americans due to any illegal entry. I waited a year and a half to get my wife here LEAGALLY, and others have too. I have no respect for those who skirt around the system, take money from my pocket, nor those who condone such activities. If you want to do something, you do it right and legally, that is how I was brought up.

And anyone who does come here illegally and think that they are priviledged, I am all for them being sent back home where they belong until they do it the LEGAL way.

My dander has been raised enough by this exchange that I am going to begin investigating who initiated this thread, and try my best to see the law gets enforced.

This is a country of laws.

Brian From Tennessee

[JoBri 545]

When someone *enters* the country illegally, i.e. without permission of a US border inspector this is called "Entered Without Inspection" or "EWI", in immigration-speak.

However, someone who is an EWI can *not* get a green card while they remain in the US, even after marriage to a USC. The choices are:

(1) Stay put and wait for the laws to change. Opinions differ (widely) on how likely that is.

(2) Have the USC spouse file for K-3 (see www.k1faq.com). The immigrant spouse would have to go to their home country for the final stages of K-3 processing at the consulate. The K-3 visa will be automatically denied by the consulate because of the EWI and the immgrant spouse will be declared officially "inadmissible". At that point, an I-601 waiver of excludability must be filed by the USC spouse. *If* the I-601 is approved, then the immigrant spouse gets a K-3 visa and can come to the US again. If the I-601 is denied then the USC spouse can file another one with more exhaustive explanations of the "hardship" that the USC spouse is enduring (the only justification for waiver of excludability). The immigrant spouse can't come back to the US unless an I-601 is approved, however -- and it is possible that an I-601 won't be granted. Personally, I'd hire a an experienced lawyer to prepare and file the I-601 because proper wording of the freeform text is vital for success.

[Brad and Vika 129]

Brian describes a frustration felt by plenty of us here about the difficulty of getting our SOs here legally, when so many just sneak in or arrive under false circumstance. The amnesty proposal (based on the results of the last one) does nothing but encourage the opinion that coming to America by hook or crook and hiding here long enough will completely circumvent the immigration process. Personally, it blows my mind that people really think that the US, unlike every other country in the world, has no right to screen and scrutinize every person who comes here to live.

[hheaven67 2]

To the OP: Is there a reason as to WHY you want to go thru the immigration process? I know that in California, NO ONE can ask anyone if they're LEGAL...as long as a person can show a SSN, legal or not, that's all that matters! If I were the OP, I would wait it out...for the KID'S SAKE! It's not safe for them to be in Mexico...that is the MAIN FOCUS here people...it's what's best for the kids! Btw, TONS of employers in Canada are involved in the Foreign Worker's Program...they are BEGGING for workers, especially in Saskatchewan...damn cold BUT, good working conditions and the employer is responsible for finding their workers affordable housing....many pay their workers rent as they're in such desperate need of employees! I really wish they'd get the word out to these people looking for a better life...for more info visit:

http://www.hrsdc.gc.ca/eng/workplaceskills...ers/index.shtml

good luck to you & your family, OP...

[justashooter 430]

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

Our system does not protect people who violate the law from consequences of the actions they choose to take, unless they are ajudicated incompetent. People who are not retarded or insane have to deal with penalties for breakign the law. If this were not true, then what kind of country would this be?