Can US citizen process AOS paperwork for wife who entered US illegally?

[arprofe 0]

I am not sure if this is the right forum to ask this but a friend of mine wants to know if he is going to be able to process all the paperwork required for an AOS, etc once he marries his girlfriend who entered the US illegally.

Can he actually sponsor her, etc? He has been living with her for about 1 year.

Any feedback will be greatly appreciated. He really wants to get marry and she wants to be able to go to school, work, etc

Thanks

arprofe

[Dr_LHA 3]

The simple answer to this is yes. Although the fact that she entered illegally will complicate matters in filing, it is not impossible. In cases like this however its advisable to consult a lawyer.

Also other forums on the internet might give you better advise than here. People here tend to be a bit touchy when it comes to illegal immigration. Rightfully so in some respects as they had to go through the whole K-1 visa process to marry, so probably feel a bit miffed that some are circumventing this process.

Edited August 26, 2006 by dr_lha

[Kez/JWolf 6]

To be able to file for AOS she would have to have been inspected at POE... in otherwords she was legaly admitted to the USA....

You will be ineligible for adjustment to permanent resident status if:

* You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.

Did she come on a visa and just not leave or did she sneek over the border???

More information is needed so the correct info can be given...

Kezzie

[adrianiux 0]

Kezzie is right. If she came on a visa, she would have a chance, but if she came crossing the border illegaly no chances at all.

Consult a lawyer, he should be able to clear that up.

adrianiux

[diadromous mermaid 36]

It depends upon when the alien arrived and some other circumstances. There are a few instances when this is not the case, but generally, in order to adjust while in the USA, if married to a US citizen, the alien must have been inspected at a POE. If the alien is EWI (entered without inspection) then acquiring LPR would involve leaving the country and going through consular processing. Of course, with that, there can be other hazards relative to the illegal presence. A consultation with a competent immigration attorney would be advised before doing anything.

Edited August 26, 2006 by diadromous mermaid

[kitkat1 5]

I am not sure if this is the right forum to ask this but a friend of mine wants to know if he is going to be able to process all the paperwork required for an AOS, etc once he marries his girlfriend who entered the US illegally.

Can he actually sponsor her, etc? He has been living with her for about 1 year.

Any feedback will be greatly appreciated. He really wants to get marry and she wants to be able to go to school, work, etc

Thanks

arprofe

As noted, she cannot adjust in the US. He can apply for spousal visa after they marry. When she is interviewed at the consulate in her country, her visa will be denied and she will submit the 601 waiver and hardship letter from the USC. Consultation with an attorney experienced in 601 waivers in her country would be wise. Advise them to check out the 601 waiver forum at immigrate2us.com