Mexican guy got married to american woman

[vichygurl 1]

A family friend has been asking me lately what are they going to do with her husband's status. I don't know what to answer so I told her I will try to ask here..

Ok here's so far what I've known..They have been into a relationship for over 2 years and my friend got pregnant. The baby was born last December. They got married last month. His been here for years and I don't even know his status when he first entered the US. My friend just told me that he went to school before then he had a job with just a passport from his home country which is Mexico. He was from another State before then transferred to another State.. I really don't know his status! He must have been illegal I don't know. But they got married last month. Now my question is.. what are they going to file? Do they need am immigration lawyer? Does he needs to go home then she will petition him? I really have no clue about his status at this point..

Please help.. thanks a lot! All response are appreciated!

[vichygurl 1]

Can anyone help me please? I just badly want to help a friend..I don't know what to tell her.

Thanks!

[EstebanTrabajos 7]

Helloooo

It all depends if the guy entered legally, this means that if he overstayed his visa (work, tourist, student) chances are that he can adjust status while in the US, even if he worked illegaly in the country. On the other hand, if he sneaked into the U.S. through the desert or something like that or used fake documents to enter the country, he could be barred to stay in the U.S. (deportation) for years and his application be denied since he is in the country illegally.

That's the main question,

If he entered with a valid and original visa but just overstayed, he has to follow these steps in order to adjust status. He can do that or contact a lawyer and pay. I did this paperwork myself, I'm the Mexican citizen, and pretty much saved myself a ton of $ and I already have my green card...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Edited June 3, 2009 by TävôLuDô

[vichygurl 1]

She said he doesn't have a visa.. only the passport.. that means what? he probably sneaked? Can you go to school here without visa?

Thanks a lot for the link.. thank you so much for responding..If he gets barred what will happen? My gosh I really don't have clue on this.. I will have to talk to him and her on Thursday about details on how he came here.. What else chance he could get then? Thanks a lot I really appreciate it.

[EstebanTrabajos 7]

She said he doesn't have a visa.. only the passport.. that means what? he probably sneaked? Can you go to school here without visa?

Thanks a lot for the link.. thank you so much for responding..If he gets barred what will happen? My gosh I really don't have clue on this.. I will have to talk to him and her on Thursday about details on how he came here.. What else chance he could get then? Thanks a lot I really appreciate it.

Yeap you can, just just need a form of ID (passport).

The visa can be inside the passport, please make sure by what means he entered the country, we cannot base our answers with suppositions and "I think he is sneaked into the US"...

If he gets barred he cannot enter nor be approved for a visa for 5 to 10 years, depending on the case.

Therefore, if he sneaked into the country, the best bet is to return to Mexico and apply for a foreign spouses visa. There is a problem though, he got married already, I really don't know how this will play out with immigration, now there is proof of him being in the country illegally in the past. Applying for a fiance's visa won't work either because they are already married.

Good luck with that, they shouldn't have gotten married on the first place without researching their case...getting married in the US is easy (you just need a form of ID) but the difficult part is proving immigration you have the rights to get a green card. Marriage to a US citizen isn't equal to a green card unless USCIS approves it.

Difficult case indeed...

Edited June 3, 2009 by TävôLuDô

[Ellie-and-David 38]

This guy needs a qualified immigration lawyer. I think this case is far to complex and the details you are providing to vague...for anyone on this website to give you any meaningful advice.

[vichygurl 1]

I already told her before about that.. do not get married and instead let him go back to Mexico oh well.. I still have to make sure to talk to him and her again and see on my eyes if he really have a visa. Now at least I have a little bit clue about what will possibly happen. thanks a lot!

I appreciate it a lot!

[EstebanTrabajos 7]

Indeed,

At least they could've gotten married in Mexico if there was the need...

Well as we said, consult with an experienced immigration lawyer and get the facts straight in order to give you a more concise answer

Godspeed

Edited June 3, 2009 by TävôLuDô

[acrow 0]

I had a friend from the Ivory Coast that was in the same situation. He entered illegally and then a couple of years later got married. He had to get an immigration lawyer, but it did get sorted out, but it took a while. Definitely get a lawyer.