question about marrying an alien with no green card living in usa

[Estu and Torry 0]

i have a question for a friend... he has found a mexican girl he is thinking about marrying but she is not a citizen and doesnt have a green card.... he wants to know if they get married will she get sent back or what exactly will happen in this situation?

[Brian&Naty 0]

i have a question for a friend... he has found a mexican girl he is thinking about marrying but she is not a citizen and doesnt have a green card.... he wants to know if they get married will she get sent back or what exactly will happen in this situation?

NOOOOO< do not marry her yet!!!! She needs to be here legally. If she is not here legally, then she needs to go back to her country and provided she does not get banned for 10 years, he can file for the K-1 and go from there. Marrying her is only going to complicate matters and create heartache. Do it the right way.

Edited August 1, 2009 by Brian&Naty

[Bobby+Umit 161]

i have a question for a friend... he has found a mexican girl he is thinking about marrying but she is not a citizen and doesnt have a green card.... he wants to know if they get married will she get sent back or what exactly will happen in this situation?

NOOOOO< do not marry her yet!!!! She needs to be here legally. If she is not here legally, then she needs to go back to her country and provided she does not get banned for 10 years, he can file for the K-1 and go from there. Marrying her is only going to complicate matters and create heartache. Do it the right way.

Bwuh?

You don't have enough info to make that statement!

To the OP - what is her current status? Did she enter the US legally? Does she have a visitors visa or what?

If she entered legally, and on a visa that allows her to AOS if married to an USC, she can do so, but you need more info to post for proper answers!

[Estu and Torry 0]

from what he tells me... she is 18 years old and he said that she was born in mexico but her and her parents moved here when she was i think 1 or 2 years old and he said she has no green card or anything and i guess is here illegally...

[lucyrich 20]

It's probably wise to sit down for a one hour consultation with an immigration attorney.

If she came here with no documentation, the only way she can become legal is to leave the US, get a visa, and re-enter.

The problem is, that if she has more than six months illegal presence, she's faced with a bar to re-entry after leaving.

However, they don't count time spent illegally by a minor until the person turns 18. Time spent in the US illegally after the 18th birthday starts counting toward the bar.

If she just turned 18 less than six months ago, she could leave the US before she's 18 and a half, and get a visa, and return with no bar.

If she IS facing a bar, a waiver is available, but that is more time and paperwork to get.

Confirm this, and confirm that it applies to your specific situation by sitting down for an hour consult with an immigration attorney.

[Old Dominion 26]

so she has no passport?

[Sand 5]

It's probably wise to sit down for a one hour consultation with an immigration attorney.

If she came here with no documentation, the only way she can become legal is to leave the US, get a visa, and re-enter.

The problem is, that if she has more than six months illegal presence, she's faced with a bar to re-entry after leaving.

However, they don't count time spent illegally by a minor until the person turns 18. Time spent in the US illegally after the 18th birthday starts counting toward the bar.

If she just turned 18 less than six months ago, she could leave the US before she's 18 and a half, and get a visa, and return with no bar.

If she IS facing a bar, a waiver is available, but that is more time and paperwork to get.

Confirm this, and confirm that it applies to your specific situation by sitting down for an hour consult with an immigration attorney.

I agree with you.

[NickD 203]

Wife's favorite word was "complications" when we first met, many things to overcome. Going back to one's home country is easy to say, but going back to where gets complicated when one with no choice of how or where they were born and raised. And is a good question if love can overcome all these obstacles.

The bible wasn't kidding when it said when the parents sinned, their first and second generation kids would also suffer, but certainly can't blame God of this, it's our economic situation and man made laws that causes most of the grieve. And this girl came here when we had open borders with no choice on her part. Immigration tends to be very cruel in these respects. In my own situation, even as a veteran of a foreign war came very close to saying screw you my country and move to my wife's home country so we could be together. But we overcame it.

This 18 year old stuff is a bunch of ####### that I am fighting with my senator and congressman, still a dependent as high school is no longer enough in this country. Can also have bitter feelings when I was 18, pulled away from my family to fight in some crazy war we never proved anything with. But this is my home and is where I was born.

You do have the supreme court on your side, all depends upon how much effort you want to apply, doesn't seem right a child should suffer because of her parents. Or can just say the hell with it and move to a country that would accept both of you.

For a country that claims freedom, we have more damn laws you can shake a stick at, and unlike even buying a 69 cent extension cord with tons of warning labels on it, most people aren't even aware of these laws, until it's way too late. Feel the advice on finding a good immigration attorney is your best bet. Doesn't have to be a local yokel, can be country wide, and you will have much better success with a very large immigration firm, they have a lot more power.