Not sure on visa type needed (want to know if possible)

[custom 0]

I've been reading through the forum and past posts and did some searches (but probably haven't used the right wording). My wife and I have a son (born in the US), I was also born in the US. My wife was born in El Salvador and came here illegally. She has no tourist visa or any type of visa. After reading here I saw that K3 seems to be the most appropriate visa to apply for (of course I'm new to all of this and I'm not sure).

I don't want her to go back to El Salvador, I noticed on all the visas it says the person applying for the visa has to go back to their country. Which visa would be the most appropriate and would she have to go back to her country or is there a way she can stay while her paperwork is pending? Also is it possible that they won't give her residency? She was never deported or anything just in case that makes a difference.

There probably isn't a definitive answer, but any help would be appreciated.

[baron555 934]

I've been reading through the forum and past posts and did some searches (but probably haven't used the right wording). My wife and I have a son (born in the US), I was also born in the US. My wife was born in El Salvador and came here illegally. She has no tourist visa or any type of visa. After reading here I saw that K3 seems to be the most appropriate visa to apply for (of course I'm new to all of this and I'm not sure).

I don't want her to go back to El Salvador, I noticed on all the visas it says the person applying for the visa has to go back to their country. Which visa would be the most appropriate and would she have to go back to her country or is there a way she can stay while her paperwork is pending? Also is it possible that they won't give her residency? She was never deported or anything just in case that makes a difference.

There probably isn't a definitive answer, but any help would be appreciated.

The fact that she is here illegally is the big problem. It is high power immigration attorney time.

She risks being deproted and banned for life, at the worst.

[pushbrk 13,195]

I've been reading through the forum and past posts and did some searches (but probably haven't used the right wording). My wife and I have a son (born in the US), I was also born in the US. My wife was born in El Salvador and came here illegally. She has no tourist visa or any type of visa. After reading here I saw that K3 seems to be the most appropriate visa to apply for (of course I'm new to all of this and I'm not sure).

I don't want her to go back to El Salvador, I noticed on all the visas it says the person applying for the visa has to go back to their country. Which visa would be the most appropriate and would she have to go back to her country or is there a way she can stay while her paperwork is pending? Also is it possible that they won't give her residency? She was never deported or anything just in case that makes a difference.

There probably isn't a definitive answer, but any help would be appreciated.

The fact that she is here illegally is the big problem. It is high power immigration attorney time.

She risks being deproted and banned for life, at the worst.

I agree. Don't know how "high-powered" the attorney needs to be but there's no way she's going to be granted residency without leaving the USA and coming back with the appropriate visa. It's highly likely the visa would be initially denied but eventually granted based on a successful waiver after the denial. IR1, not K3 would be the appropriate visa path in this case.

[custom 0]

I was planning on contacting an attorney regardless, but there is tons of great information on here and I wanted to brace myself for a worst case scenario. I have seen similar things happen, I actually have 4 friends with similar stories that got residency. 1 had to go back to his country for six months (he is from the Dominican Republic but came in through Mexico). 2 got their residency after marriage without going back to their country (they had tourist visas when they came here). 1 got his residency without going back to his country (no tourist visa but said his paperwork was submitted since 2002).