Just got married and need a lot of advice

[IpMan55 0]

Hello,

Im writing because Im not sure what my next move is. Two years ago I met my future wife. I came to find out she came here illegally but that didnt bother me at all as Im totally in love with her. I decided I wanted to start my life with her but didnt want to get married and have to deal with her not being a citizen and getting deported if we have kids and I also want her to be able to get a good job as she is very smart. So I talked to a lawyer and he suggested I get married to her so she went back to mexico and we got married there last Thursday. I am now wondering what my next step is to get her back to me as I cant bare living without her. What forms should I file to get her as soon as possible. Can she come to the us now and wait to become a citizen or do I need to file a form for her to come as a visitor? And would it be better for me to move down there with her and try to file the papers faster?

Thanks and any help would be much appreciated.

[Inky 1,111]

So sorry but no citizenship for her until many years have passed.

You need to file a spousal visa and you will be waiting quite a while before she can move to the US. You may want to check if she is banned from the US too because that will add time onto it from having to process a waiver.

heres the step by steb guide for you. http://www.visajourney.com/content/i130guide1

[IpMan55 0]

The lawyer I talked to said it would be anywhere from 8 months to-2 years by filing a g-325a and a g-28 does that make sense? but isn't there anyway she can come live with me now? With the way mexico is and the danger she has there i cant file anything through hardships or get a special grant? I would litterally pay any amount to be able for us to start our life together. is there anyway she can apply for a visitors pass and stay here with me now?

[Anh map 2,098]

The lawyer I talked to said it would be anywhere from 8 months to-2 years by filing a g-325a and a g-28 does that make sense? but isn't there anyway she can come live with me now? With the way mexico is and the danger she has there i cant file anything through hardships or get a special grant? I would litterally pay any amount to be able for us to start our life together. is there anyway she can apply for a visitors pass and stay here with me now?

Your lawyer may have given you incomplete information.

Assuming that your wife completes the forms honestly (about where she has lived for the past 5 years) and is also truthful at an interview she may be facing a ban to entry due to her prior entry without inspection. Of course, not being truthful does carry a lifetime ban. So choose your next steps wisely.

An alien married to a US Citizen wanting to visit needs to show strong ties to their home country. Things like a job, school enrollment, lease/mortgage, etc. There is no fee that you can pay to speed up the process.

She can't come back to the country without inspection because she will not be able to adjust status (and thus obtain a green card).

There is an attorney that many here on VJ hold in high regard. Her name is Laurel Scott. You can find her website via Google. I recall that she has weekly online chat sessions that are open to anyone. Try to get some input there as well.

[Jojo92122 1,924]

Hello,

Im writing because Im not sure what my next move is. Two years ago I met my future wife. I came to find out she came here illegally but that didnt bother me at all as Im totally in love with her. I decided I wanted to start my life with her but didnt want to get married and have to deal with her not being a citizen and getting deported if we have kids and I also want her to be able to get a good job as she is very smart. So I talked to a lawyer and he suggested I get married to her so she went back to mexico and we got married there last Thursday. I am now wondering what my next step is to get her back to me as I cant bare living without her. What forms should I file to get her as soon as possible. Can she come to the us now and wait to become a citizen or do I need to file a form for her to come as a visitor? And would it be better for me to move down there with her and try to file the papers faster?

Thanks and any help would be much appreciated.

You got some very incomplete advice.

If your wife was has accumulated more than a year of unlawful presence (meaning she has been in the US more than a year after turning 18 and a half years old), she is subject to a 10 year ban from the US.

You would file the I-130 to petition for your wife. After approval of the I-130, you will pay more fees to file the I-864 and DS-230 (Immigration Visa Application). The DS-230 will be denied because of your wife's unlawful presence, and she will be inadmissible. You will then pay more fee to file for a waiver of the inadmissibility. To get the waiver, you will have to show a significant hardship to the US citizen petitioner (you) that would allow the grant of a waiver. Missing your wife is not a significant hardship.

Be prepared to pay the lawyer through the nose for each step. It;s probably gonna cost you at least $10,000.

-------------------

There is no way for her to wait in the US for a green card.

There is no way for her to get a visitor visa.

There is no way this is going to take 8 months. You are looking at 2-3 years of her waiting in Mexico.

Is does not matter if you move to Mexico, it is not going to speed things up.

-------------------

If she lies about her unlawful presence in the US, it will be extremely difficult for you to document your relationship. In addition, it could lead to a lifetime ban from the US.

Edited July 18, 2011 by Jojo92122

[canadian_wife 1,829]

I am sorry but there is no way she is coming to the US without an immigrant visa

You should petition for the Cr-1 visa now, at the interview it will be denied due to the unlawful presence in the US. At that point you can submit your waiver showing how you will endure extreme hardship if she is not returned to the US - a qualified lawyer is necessary for this

It will be a long and expensive journey for you. Laural Scott is an expert attorney that specializes in this, she offers free chats on wednesdays where you can post your questions regarding your case.

also, immigrate2us.net is a better site for you as the specialize in this sort of thing

she should absolutly not try and re-enter the US unlawfully, doing so could jeopardize your chances of a waiver at all

And if she's been in the US a long time, been to school, worked...they already know she was there. Lying on any forms will complicate your case and can subject her to a lifetime ban

Good luck

[Inky 1,111]

The lawyer I talked to said it would be anywhere from 8 months to-2 years by filing a g-325a and a g-28 does that make sense? but isn't there anyway she can come live with me now? With the way mexico is and the danger she has there i cant file anything through hardships or get a special grant? I would litterally pay any amount to be able for us to start our life together. is there anyway she can apply for a visitors pass and stay here with me now?

Time to get a new lawyer. A G-325 and G28 are going to do nothing for you. You need to look at the guides for spousal visa CR-1 which everyone is saying. Then you also likely need a waiver for her ban.

No she cant live with you now, No she wont be granted a visitors pass because she was illegal and she is now married to an american they will see no reason for her to go back to mexico. There is no special grant or anything like that.

Start from the I-130 CR-1 spousal guide, mail it off because the longer you take to file a spousal visa the longer it takes to get her back to you. You will want to hire a new lawyer, someone who actually knows what they are doing to file a waiver for the ban if she has one.

[la2011 5]

While I agree that you need an immigration lawyer asap and a REALLY GOOD one, if ever something doesnt sound right with what a lawyer says, or you're unsure, CHECK WITH VJ!!This community knows so much about everything there is to know, it's surreal! Whenever I have a question, I do a search for it and sure enough, my question is answered, down to the most minute detail of any process.

Carefully research any attorney you hire. I'm shocked at how little these so called immigration specialist lawyers actually know, or how innacurate the advice they give is. Not to mention the dire consequences it can have as one's life as a result.

Your situation is a dicey one and not easily solvable. If you cant stand to be without your wife, you might want to consider moving to Mexico until her situation is fixed and she's cleared to re-enter the US. It's not hopeless, but it might take a long while.

[Justine+David 218]

We need more information too.

How old was your wife when she entered the U.S.? What year was it? Has she worked while being in the U.S.? If so, what did she use for a social security number? Did she file taxes?

But yes, you NEED a new lawyer. And expect a very long wait, unless you want to move down to Mexico to be with her...

[nikolacolada 21]

The lawyer I talked to said it would be anywhere from 8 months to-2 years by filing a g-325a and a g-28 does that make sense? but isn't there anyway she can come live with me now? With the way mexico is and the danger she has there i cant file anything through hardships or get a special grant? I would litterally pay any amount to be able for us to start our life together. is there anyway she can apply for a visitors pass and stay here with me now?

There is nothing you can do and no money you can pay to get her there in the mean time. Not all of Mexico is dangerous, and just being in Mexico does not put her life in danger. I understand how hard this situation is but the first thing to do is accept the fact that she will be in Mexico for awhile, then after you accept that, you can take the next step without the emotions to cloud judgement.

If she's been in the US illegally, like others have said, there is no way she's going to get a tourist visa to come see you, and depending on the amount of time she has illegally been in the US she may have incurred a ban, meaning she will not be able to enter into the US for a certain number of years, depending on how long she was illegally in the US. At some point she'll also have to file a hardship waiver explaining why her absence is a hardship to you, btw just missing her isn't a hardship.

I think you should consult with a GOOD immigration attorney immediately to see what your options are.

I have a feeling though, that if you want to be with her immediately you'll have to join her in Mexico.

Good Luck.

[bigdog 376]

Hello,

Im writing because Im not sure what my next move is. Two years ago I met my future wife. I came to find out she came here illegally but that didnt bother me at all as Im totally in love with her. I decided I wanted to start my life with her but didnt want to get married and have to deal with her not being a citizen and getting deported if we have kids and I also want her to be able to get a good job as she is very smart. So I talked to a lawyer and he suggested I get married to her so she went back to mexico and we got married there last Thursday. I am now wondering what my next step is to get her back to me as I cant bare living without her. What forms should I file to get her as soon as possible. Can she come to the us now and wait to become a citizen or do I need to file a form for her to come as a visitor? And would it be better for me to move down there with her and try to file the papers faster?

Thanks and any help would be much appreciated.

The other long time member recommended an attorney, I would start there. You are already behind the 8 ball,. good luck.