K-1, K-3 or wait for Pres. Obama's amnesty?

[msdreama 0]

First of all thank you for taking the time to read my long post..excuse the spelling and grammer. I am asking some advice and also giving some biographical info just to share it..hope you don't mind.

My Fiance and I have been co-habitating together for 3 years now in the US. We are practicially "common law" (live in Texas). He is here illegally, (4/5 years) from Guatemala.

We have waited this long to marry, he did not want me to think he was only after "papers". secondly, I did not want to marry someone to only have them TORN (deported) away from me later.

I want to see what would be best and less painful (like many) for us...both of us go to Guatemala and get married there (K-3 visa??) or try to do a fiance type visa. (can that even be an option since he has allready filed taxes here in the US, and has a paper trail..ie bank acount etc.)

Get married here and apply..theres that 10 year bar!?..or wait for amnesty..(if it even comes) then get married. I do not make much at my job, and wounder if I can even "sponsor" him (affidavit of support) as my spouse. ( he works but, is undoccumented)

Hehas...no previous marriages, no children, no criminal background (here or there),no deportations, almost fluent now in english, filed taxes, so far 1 year here with ITIN, has passport & metricula, bank acount

Many of us have loved ones who have suffered and longed for a better life..and we love them all the more for it...here is a little of what he has been through..

He was very poor as a child and was fortunate to attend school...he (no joke) had only one set of clothes to wear to school..his mom washed them about every other night. He walked to school in all weather in torn "flip flopps"..and eventually bare foot on the dirt mountian roads to get to school..with little to eat for the whole day.

When he was about 14/15, he got tired of not having a good pair of shoes so he WALKED barefoot from Guatemala to Honduras to get a job picking coffee in the mountians. He told me it was so cold and rainy with no jacket, no shoes, he worked and got paid $30 dollars once a month! and ate the rice or beans that the farmer fed the workers.

"BY THE WAY I WAS TOLD THAT 65/75 % OF STARBUCKS COFFEE COMES FROM THAT REGION GUATEMALA.CENTRAL AMERICA..SOMETHING TO THINK ABOUT WHEN WE ENJOY OUR COFFEE"

I think many americans do not know how good they have it , I can not even immagine how it really must be even hearing it from him..wow...I'm so proud of him and admire that instead of feeling sorry for himself and joining a gang..like MS-13..he did something about the situation and worked hard for what little he had. I think its Awful to have to wait and hesitate to marrying someone you love.

He is building a house in Guatemala, I have looked into living there online..maybe even opening a bussiness...it's so beautiful and most people are friendly, there are "Expat." comunities there..but it is VERY impoverished and I am scared of me and my child being kidnapped for randsome, human trafficing and FEMICIDE are rampant.

Thank you for reading my post

MsDreama

[payxibka 10,047]

when you say here "illegally" do you mean he entered without inspection?

[msdreama 0]

when you say here "illegally" do you mean he entered without inspection?

Yes , I'm sorry if I did not clarify..yes, he entered without inspection

[NVC FAN :( 18]

call me whatever , its hard for ppl on here trying to get visa for there loved ones, while you skipped the whole process. i recognize that your trying to make it right, and yes there are some on this site now that dont meet the income requirements now to even sponsor anyone. dont know what i would do in your shoes, for sure if he has been here for some time. he has made ties or bonds and you said even file taxes, im sure when your going through the k process they will find some trace of him being here. or maybe not.

but by your reasoning, that he comes from poverty. sorry but ive traveled several places around the world. you describe a lot of countrys and millions of ppl. are we responsible for 'saving' all of them.

not to be harsh, im sure its difficult, if i were you. i m sure i think differently.

gl

[YuAndDan 153]

Moving to General visa discussion.

[JimVaPhuong 4,863]

I can't comment much on your situation because you have problems to address that I haven't studied much about. Off hand, I can't think of any way to resolve this without him either receiving a ban, or you having to lie substantially on the petition (which could land you in jail).

However, I will say that I wouldn't hold my breath for an amnesty program in the very near future. In this economic environment, giving legal status to illegal immigrants is not a politically popular move. People don't like the idea that there are illegal immigrants working in this country when unemployment is already very high for people who are here legally.

If and when Obama's immigration reforms DO happen, there are a few things you can expect. First, the penalty for hiring illegal immigrants is going to get a lot stiffer. Second, immigrants who are here illegally are going to have to pay a substantial fine in order to seek legal status. The fine will probably be based on the length of time they've been here illegally. In the case of EWI immigrants, that length of time may end up being determined by when they can prove they were last in their home country, and not on their own statements. Otherwise, people who've been here a decade are going to say they arrived just before the cutoff date.

I understand your concerns and sympathy for the economic conditions of your fiance's home country. Many of us have the same concerns about our fiance(e)'s, but we are trying to help them in their own countries while trying to bring them to the US legally. Many people here are going to be offended by your desire to work an "end run" to legalize your illegal fiance, while they've played according to the rule book and have endured months, and sometimes years of separation from their own fiance(e)'s.

My recommendation is if your fiance entered without inspection, he can probably leave the same way. Have him go home to Guatemala, and then file for a petition to bring him here on a legal visa. Be honest about his illegal stay in the US, and file for a waiver along with the petition.

Good luck!

[Gary and Alla 3,694]

I can't comment much on your situation because you have problems to address that I haven't studied much about. Off hand, I can't think of any way to resolve this without him either receiving a ban, or you having to lie substantially on the petition (which could land you in jail).

However, I will say that I wouldn't hold my breath for an amnesty program in the very near future. In this economic environment, giving legal status to illegal immigrants is not a politically popular move. People don't like the idea that there are illegal immigrants working in this country when unemployment is already very high for people who are here legally.

If and when Obama's immigration reforms DO happen, there are a few things you can expect. First, the penalty for hiring illegal immigrants is going to get a lot stiffer. Second, immigrants who are here illegally are going to have to pay a substantial fine in order to seek legal status. The fine will probably be based on the length of time they've been here illegally. In the case of EWI immigrants, that length of time may end up being determined by when they can prove they were last in their home country, and not on their own statements. Otherwise, people who've been here a decade are going to say they arrived just before the cutoff date.

I understand your concerns and sympathy for the economic conditions of your fiance's home country. Many of us have the same concerns about our fiance(e)'s, but we are trying to help them in their own countries while trying to bring them to the US legally. Many people here are going to be offended by your desire to work an "end run" to legalize your illegal fiance, while they've played according to the rule book and have endured months, and sometimes years of separation from their own fiance(e)'s.

My recommendation is if your fiance entered without inspection, he can probably leave the same way. Have him go home to Guatemala, and then file for a petition to bring him here on a legal visa. Be honest about his illegal stay in the US, and file for a waiver along with the petition.

Good luck!

Yes, definitely wait for Obama to save you. He will get around to saving all of us. He is busy saving banks and auto manufacturing right now, but he will get to you. Don't worry.

[msdreama 0]

call me whatever , its hard for ppl on here trying to get visa for there loved ones, ........

I understand your feeling and can empathise ..I can see where it looks like I skiped the process..but also, I have not started the process... I for a while did not know his "status", and by the time we were in love it did not seem to matter..but I have learned that..it sure does matter..and I sometimes feel that it's next to impossible to make it right.

We are willing to go back and start the process in his home country..so we will be to square 1...and I do not plan to or want to lie...I am just looking for some way to have my loved one with me without having to hide

"but by your reasoning, that he comes from poverty. sorry but ive traveled several places around the world. you describe a lot of countrys and millions of ppl. are we responsible for 'saving' all of them."

I have been to africa, India, middle east..etc and seen it too...so I am also traveled..yes poverty is rampant all over..No, we are not responsible for saving all of them..who could..I just want to marry the man I love, I know that We will face penalties and many obsticles, it's not my wish to be fraudulent.

[msdreama 0]

I can't comment much on your situation because you have problems to address that I haven't studied much about. Off hand, I can't think of any way to resolve this without him either receiving a ban, or you having to lie substantially on the petition (which could land you in jail).

However, I will say that I wouldn't hold my breath for an amnesty program in the very near future. In this economic environment, giving legal status to illegal immigrants is not a politically popular move. People don't like the idea that there are illegal immigrants working in this country when unemployment is already very high for people who are here legally.

If and when Obama's immigration reforms DO happen, there are a few things you can expect. First, the penalty for hiring illegal immigrants is going to get a lot stiffer. Second, immigrants who are here illegally are going to have to pay a substantial fine in order to seek legal status. The fine will probably be based on the length of time they've been here illegally. In the case of EWI immigrants, that length of time may end up being determined by when they can prove they were last in their home country, and not on their own statements. Otherwise, people who've been here a decade are going to say they arrived just before the cutoff date.

I understand your concerns and sympathy for the economic conditions of your fiance's home country. Many of us have the same concerns about our fiance(e)'s, but we are trying to help them in their own countries while trying to bring them to the US legally. Many people here are going to be offended by your desire to work an "end run" to legalize your illegal fiance, while they've played according to the rule book and have endured months, and sometimes years of separation from their own fiance(e)'s.

My recommendation is if your fiance entered without inspection, he can probably leave the same way. Have him go home to Guatemala, and then file for a petition to bring him here on a legal visa. Be honest about his illegal stay in the US, and file for a waiver along with the petition.

Good luck!

Thank you..you are so right on many point..I do not want to lie on the paperwork. The way things are looking Amnesty does not seem to be forthcomming..like you said with the economy, not a popular stance at all.

I wounder what would happen sometimes if the undoccumented worker stopped doing the jobs they do and left it up to the people to fill who are here legally..yes I am sure a certian percent would roll up there sleaves and fill those jobs (work is work)but I feel confident that a lot would fall by the way side.

("If and when Obama's immigration reforms DO happen, there are a few things you can expect...")

have to again agree..it is going to be costly and very timely..if it even happens

Yea, I kinda figured that I would get flack...at least it has been a bit kinder flack...I understand ppl are offended...I probably would have been too..in reverse...but I like anyone can't help who I love.

I have looked into it and realize like ppl on here I will have to also be seperated for months and years like others so I am not so much better off.

(My recommendation is if your fiance entered without inspection, he can probably leave the same way. Have him go home to Guatemala, and then file for a petition to bring him here on a legal visa. Be honest about his illegal stay in the US, and file for a waiver along with the petition.)

that is very good advice and in my heart and from my research what I think I(we)would have to do..one reason why we are building a house there to prepair for a possible long stay.

Thank you for you candor and opinions..apreciated!!

[Ed+Cindy 1]

You have two options (I think), if you want him legal in the US:

1) have him sneak out of the US without inspection (don't fly cause there will be a record). Figure out a way to have 'meet' him legally (maybe take a trip to his country), and file a petition for him. This options involves either lying or at least hiding the fact that he was in the US. This is not legal, but in all likelihood you may get away with it. (I DO NOT recommend anything illegal).

2) file for a petition, but be honest about the EWI and his stay in the US. This will result in problems you may or may not be able to get a waiver for. He will still need to leave the US first.

Maybe there are other options....I think this is a popular issue with Mexicans, so check that forum perhaps.

Also, let me state that while you can lie about his stay in the US and file for him, this is not my suggestion. Per this website, I only recommend doing things by the law.

[JimVaPhuong 4,863]

Thank you..you are so right on many point..I do not want to lie on the paperwork. The way things are looking Amnesty does not seem to be forthcomming..like you said with the economy, not a popular stance at all.

I wounder what would happen sometimes if the undoccumented worker stopped doing the jobs they do and left it up to the people to fill who are here legally..yes I am sure a certian percent would roll up there sleaves and fill those jobs (work is work)but I feel confident that a lot would fall by the way side.

First, forgive for not using the politically correct "undocumented immigrant" or "undocumented worker". As far as I'm concerned, "undocumented" means they lost their paperwork. I use the terms "illegal immigrant" and "illegal worker" because I believe that's what they are. It doesn't mean I believe they are bad people. For pete's sake, I live in California. I know a number of people who are here illegally, and they're great people. I just don't condone what they did to get and stay here.

It's not really a matter of whether people would do the work, because they most certainly would do it. It's a question of whether they would do it for the same exploitative wages which are paid by people who employ illegal workers. An illegal worker can't exactly go down to the labor board and complain because he's only being paid $3 an hour, or that he's working 60 hours a week without overtime or benefits. These employers are breaking a number of laws, as well.

Now, if the illegal worker is being paid according to the law, then he's got a job that a US citizen or legal resident would gladly take.

that is very good advice and in my heart and from my research what I think I(we)would have to do..one reason why we are building a house there to prepair for a possible long stay.

Thank you for you candor and opinions..apreciated!!

Bravo! I think that's the right decision.

I've just started this journey myself, and I've only managed to spend less than a month with my fiancee, even though we were introduced nearly two years ago. If her K1 visa is denied, then we'll get married and try for a CR1. If that's denied, then I'm prepared to move to Vietnam and live there while we keep trying for a visa. As one of the other VJ members with a wife in Vietnam says in his signature line, "Everything will be ok in the end. If it's not ok, then it's not the end."

Good luck!

[Anh map 2,098]

Have you made an appointment with an qualified immigration attorney to learn about your options? That may be money well spent.

[Kar98 0]

Yes, definitely wait for Obama to save you. He will get around to saving all of us. He is busy saving banks and auto manufacturing right now, but he will get to you. Don't worry.

[sjr09 155]

First of all thank you for taking the time to read my long post..excuse the spelling and grammer. I am asking some advice and also giving some biographical info just to share it..hope you don't mind.

My Fiance and I have been co-habitating together for 3 years now in the US. We are practicially "common law" (live in Texas). He is here illegally, (4/5 years) from Guatemala.

We have waited this long to marry, he did not want me to think he was only after "papers". secondly, I did not want to marry someone to only have them TORN (deported) away from me later.

I want to see what would be best and less painful (like many) for us...both of us go to Guatemala and get married there (K-3 visa??) or try to do a fiance type visa. (can that even be an option since he has allready filed taxes here in the US, and has a paper trail..ie bank acount etc.)

Get married here and apply..theres that 10 year bar!?..or wait for amnesty..(if it even comes) then get married. I do not make much at my job, and wounder if I can even "sponsor" him (affidavit of support) as my spouse. ( he works but, is undoccumented)

Hehas...no previous marriages, no children, no criminal background (here or there),no deportations, almost fluent now in english, filed taxes, so far 1 year here with ITIN, has passport & metricula, bank acount

Many of us have loved ones who have suffered and longed for a better life..and we love them all the more for it...here is a little of what he has been through..

He was very poor as a child and was fortunate to attend school...he (no joke) had only one set of clothes to wear to school..his mom washed them about every other night. He walked to school in all weather in torn "flip flopps"..and eventually bare foot on the dirt mountian roads to get to school..with little to eat for the whole day.

When he was about 14/15, he got tired of not having a good pair of shoes so he WALKED barefoot from Guatemala to Honduras to get a job picking coffee in the mountians. He told me it was so cold and rainy with no jacket, no shoes, he worked and got paid $30 dollars once a month! and ate the rice or beans that the farmer fed the workers.

"BY THE WAY I WAS TOLD THAT 65/75 % OF STARBUCKS COFFEE COMES FROM THAT REGION GUATEMALA.CENTRAL AMERICA..SOMETHING TO THINK ABOUT WHEN WE ENJOY OUR COFFEE"

I think many americans do not know how good they have it , I can not even immagine how it really must be even hearing it from him..wow...I'm so proud of him and admire that instead of feeling sorry for himself and joining a gang..like MS-13..he did something about the situation and worked hard for what little he had. I think its Awful to have to wait and hesitate to marrying someone you love.

He is building a house in Guatemala, I have looked into living there online..maybe even opening a bussiness...it's so beautiful and most people are friendly, there are "Expat." comunities there..but it is VERY impoverished and I am scared of me and my child being kidnapped for randsome, human trafficing and FEMICIDE are rampant.

Thank you for reading my post

MsDreama

Stop trying to circumvent immigration laws! do it the right way.

[DaleandPat 0]

First of all thank you for taking the time to read my long post..excuse the spelling and grammer. I am asking some advice and also giving some biographical info just to share it..hope you don't mind.

My Fiance and I have been co-habitating together for 3 years now in the US. We are practicially "common law" (live in Texas). He is here illegally, (4/5 years) from Guatemala.

We have waited this long to marry, he did not want me to think he was only after "papers". secondly, I did not want to marry someone to only have them TORN (deported) away from me later.

I want to see what would be best and less painful (like many) for us...both of us go to Guatemala and get married there (K-3 visa??) or try to do a fiance type visa. (can that even be an option since he has allready filed taxes here in the US, and has a paper trail..ie bank acount etc.)

Get married here and apply..theres that 10 year bar!?..or wait for amnesty..(if it even comes) then get married. I do not make much at my job, and wounder if I can even "sponsor" him (affidavit of support) as my spouse. ( he works but, is undoccumented)

Hehas...no previous marriages, no children, no criminal background (here or there),no deportations, almost fluent now in english, filed taxes, so far 1 year here with ITIN, has passport & metricula, bank acount

Many of us have loved ones who have suffered and longed for a better life..and we love them all the more for it...here is a little of what he has been through..

He was very poor as a child and was fortunate to attend school...he (no joke) had only one set of clothes to wear to school..his mom washed them about every other night. He walked to school in all weather in torn "flip flopps"..and eventually bare foot on the dirt mountian roads to get to school..with little to eat for the whole day.

When he was about 14/15, he got tired of not having a good pair of shoes so he WALKED barefoot from Guatemala to Honduras to get a job picking coffee in the mountians. He told me it was so cold and rainy with no jacket, no shoes, he worked and got paid $30 dollars once a month! and ate the rice or beans that the farmer fed the workers.

"BY THE WAY I WAS TOLD THAT 65/75 % OF STARBUCKS COFFEE COMES FROM THAT REGION GUATEMALA.CENTRAL AMERICA..SOMETHING TO THINK ABOUT WHEN WE ENJOY OUR COFFEE"

I think many americans do not know how good they have it , I can not even immagine how it really must be even hearing it from him..wow...I'm so proud of him and admire that instead of feeling sorry for himself and joining a gang..like MS-13..he did something about the situation and worked hard for what little he had. I think its Awful to have to wait and hesitate to marrying someone you love.

He is building a house in Guatemala, I have looked into living there online..maybe even opening a bussiness...it's so beautiful and most people are friendly, there are "Expat." comunities there..but it is VERY impoverished and I am scared of me and my child being kidnapped for randsome, human trafficing and FEMICIDE are rampant.

Thank you for reading my post

MsDreama

I understand what you are saying. Still you are harboring someone to stay here illegal. By your standard, lets just bring others here illegally, sure it is ok if they are terrorists, the more the better. While we are at it let's bring the rest of the people from the Central American counties here. Why even both with a visa, let's just do it illegally. While all those people are here let's put then onto our social security too. Why should those people work when we can give them everything and then make those people dependant on us. We could make those people absolutely worthless. Great idea... NOT.

Stop and think there are many many other very poor countries. India, Pakistan, Philippines, Eastern European Countries, South American Countries. We cannot bring everyone here. The US is very much involved in US AID and other organizations. So your tax dollars are flowing by the millions to other countries. What is important is that these countries learn to depend upon themselves.

Send your fiance back and bring him here the legal way through a K1 visa like everyone else.

I am not trying to be harsh, but I am being relistic, we cannot allow people to come just because they want to. The USA cannot save everyone. Making people dependant on money or whatever from the USA does not make people sufficient upon themselves. The USA cannot give everyone on the earth a better life.