My fiance is from MX...

[KrisMiguel 0]

Hello all!

I am a newbie, I just signed up today (January 4,2010)!

We met by a close friend in 2006 dated briefly but parted ways.

It was in May of 07 that we became a couple.

Two years later we have a beautiful daughter

and have recently gotten engaged.

We plan to wed with close friends and family

hopefully this coming Spring. (I don't like the hot weather,

and Texas is ridiculous in the summer!)

He was brought here from Mexico when he was about 5 or 6 years old...

and was enrolled in Kindergarten here.

I want to make him legal and don't know where to start...

I've browsed the site and haven't found anyone who shares

a similar story...

Any input is truly appreciated

Many thanks from me and my small family <3

[EstebanTrabajos 7]

If he an illegal alien, he has to exit the country and apply for a foreign spouse visa if you marry him in the US.

There is a chance that he will be denied because he broke the law by entering the US illegally BUT he has a good case since he can explain the immigration officer of the US embassy or consulate in Mexico that he was too young to decide and his parents made the decision w/o his approval. He also has a US citizen daughter and wife who need her father/husband in the US and to be a part of their lifes.

Either way, he cannot adjust status while in the US because he entered the country w/o proper inspection nor papers.

Edited January 5, 2010 by TävôLuDô

[EstebanTrabajos 7]

If he is an illegal alien (crossed the desert, hidden or with a fake visa), he has to exit the country and apply for adjustment of status through a foreign spouse visa, if you marry him before leaving the US.

There is a chance that he will be denied because he broke the law by entering the US illegally BUT he has a good case and could be pardoned. He can explain to the immigration officer of the US embassy or consulate in Mexico that he was too young to decide and his parents made the decision w/o his approval. He also has a US citizen daughter and wife who need her father/husband in the US as part of their lives.

Either way, he cannot adjust status while in the US because he entered the country w/o proper inspection nor papers.

2nd option:

If he entered the US with a valid tourist visa and he happened to overstay, he can apply IN THE US and most of the times he can adjust status since marrying a US citizen gives him the right to stay, even if he has worked without a work authorization document.

The way he entered the US dictates the process he has to follow...

Edited January 5, 2010 by TävôLuDô

[sachinky 465]

It would depend on how he entered the U.S.--from the OP it seems like it was EWI--which would then mean that your fiance has to leave the U.S. and have you petition for him. Be prepared for a denial.

[Mononoke28 135]

There lies the big difference as TävôLuDô said. If he entered the US legally, meaning he had some kind of visa to enter through Immigration, then all you need to do is file of Adjustment of Status. But, if he entered ilegally, then you will have to file for a spousal visa which means that he will have to interview in Mexico. At the interview they will deny his visa and he will have to stay there for about 10 years. Meanwhile you will have to file a waiver to show and prove that you need him in the US for family and financial reasons. Proving this situation is not easy but it can be done. Also, make sure you consult with a lawyer before you make any decisions as this may not an easy case if he entered the US illegally.

Diana