Will a fiance Visa work for us?

[CassieG 0]

Ok so I'm completely clueless about how the process work for Visa's and citizenship, and knows a little but not for our situation. So he was born in Mexico but has been here (Georgia) since he was 2, he went to school here, graduated high school here works and attended some college here, but wasn't able to finish due to changes in state laws. What will we need to do to get married and for him to get his citizenship? Is it at all possible because he's been here his whole life for us to do this without him having to go back to Mexico? What sort of visa will we need? Any possible advice you can give me would be fantastic!! Thanks. And if it makes a difference I'm 21 and he's 22

[Little_My 464]

If he originally came here legally, then he can adjust his status to legal permanent resident after you have gotten married. Fiance visas are for foreigners who are abroad when applying for the visa, and because of his overstay, he should under no circumstances leave the US until his status has been fixed. He is now subject to a 10 year ban to the US, which will trigger if he leaves.

Citizenship is a whole other issue, and not relevant to your situation for at least 3 years. He will first have to be a greencard holder for 3 years before he is eligible to apply for citizenship, so no need to start thinking about that at this point in the process. He needs to become an LPR first - and to do that, you two will have to get married before anything else can happen.

[Harpa Timsah 13,258]

Did he enter the US originally on a visa?

[CassieG 0]

No he didn't come with a visa, his parents brought him here when he was two and didn't tell him he wasn't legal until he was 10, they tried to apply for citizenship and they were supposed to receive citizenship within a year but then that was right before 911 and apparently he said after that happened that just stopped receiving information from the government and couldn't seem to get in touch with anyone to tell them what's going on.

Citizenship is a whole other issue, and not relevant to your situation for at least 3 years. He will first have to be a greencard holder for 3 years before he is eligible to apply for citizenship, so no need to start thinking about that at this point in the process. He needs to become an LPR first - and to do that, you two will have to get married before anything else can happen.

Ok well we're getting married in a year...what will we need to do is there something special we have to do before getting married?

Edited October 3, 2011 by CassieG

[LIFE'SJOURNEY 970]

No he didn't come with a visa, his parents brought him here when he was two and didn't tell him he wasn't legal until he was 10, they tried to apply for citizenship and they were supposed to receive citizenship within a year but then that was right before 911 and apparently he said after that happened that just stopped receiving information from the government and couldn't seem to get in touch with anyone to tell them what's going on.

Ok well we're getting married in a year...what will we need to do is there something special we have to do before getting married?

If he didn't enter the US legally, then your situation isn't that simple as it as been implied. He will have to leave the US to be abe to be eligible for a visa. If he leaves he will trigger a ten year ban. You will have to apply for a harship wavier, as to why the US must allow your husband to return to the US. A hardship wavier is only avavilable for a husband, not a K1 So now you have to make some decisions, do you marry and hope and pray that the US will allow your husband back if he leaves, or just continue life as is.

The web site http://immigrate2us.net is where you will be best assisted with your problem. The folks over-there are in the same situation as you and your friend.

[mike42979 57]

If he didn't enter the US legally, then your situation isn't that simple as it as been implied. He will have to leave the US to be abe to be eligible for a visa. If he leaves he will trigger a ten year ban. You will have to apply for a harship wavier, as to why the US must allow your husband to return to the US. A hardship wavier is only avavilable for a husband, not a K1 So now you have to make some decisions, do you marry and hope and pray that the US will allow your husband back if he leaves, or just continue life as is.

The web site http://immigrate2us.net is where you will be best assisted with your problem. The folks over-there are in the same situation as you and your friend.

I dont agree with this, isnt there a law or something regarding people being brought here when they are so young that they cant be liable for unknowingly being illegal?

[JimVaPhuong 4,863]

I dont agree with this, isnt there a law or something regarding people being brought here when they are so young that they cant be liable for unknowingly being illegal?

Yeah. It says they don't start to accumulate unlawful presence until they are 18 years old. After that, they're responsible for their own actions. However, someone who entered without inspection cannot adjust status except under somewhat rare circumstances.

If he was abused by an LPR or US citizen spouse in the US then he could apply to adjust status under VAWA. If someone had submitted an approvable immigrant visa petition for him before April, 2001, then he might be eligible to adjust status under section 245(i) of the INA - the last remainder of the Reagan amnesty program. Another option is asylum/refugee status, but the chances of that being approved for a Mexican national is nil. He can't adjust status as the spouse of a US citizen because of the EWI.

Another option is to hope for the DREAM act to pass. The chances of that happening in the near future are pretty grim. The Democrats couldn't get that passed when they controlled the Senate, the House, and the Presidency. I seriously doubt they'll be picking up seats in the November election. In fact, I'm guessing the next election is going to be a bloodbath for the Democrats, figuratively speaking.

Edited October 3, 2011 by JimVaPhuong

[LIFE'SJOURNEY 970]

I dont agree with this, isnt there a law or something regarding people being brought here when they are so young that they cant be liable for unknowingly being illegal?

How can you disagree with something, when you don't even know what the law is. The law is he didn't start to aguire any overstay until after he was 18 years of age. If he had left at the age of 18, he would not need a wavier.

[Jim N Augie 16]

I don't know all the laws, but Marriage will not fix the problem. I know a couple in similiar situation , they married but later he got picked up by ICE and deported. So his wife moved to Texas so she can visit him in Mexico, they got a lawyer but it's probably going to be a long time for them. Jim.

[bigdog 376]

I had a discussion about this with a friend, the kids got married, they went to live in Mexico while the paperwork was processed 20-30K later and about 3 years they returned, legally

[CassieG 0]

So the bottom line here is realistically there's no hope whatsoever...?

[skiptex 225]

well, i think there is Hope.. but it won't be easy..

[Little_My 464]

It's not hopeless, but you will have to get married, he has to leave the US, and once your spousal visa application is denied, you will have to file the hardship waiver. I personally am not aware of the success rate of those types of waivers, but if you read around the I-601 and I-212 waiver-forum here on VJ, or visit immigrate2US, I'm sure you can find plenty of information from others in the same situation.

[xxdreamer 1]

Definately visit immigrate2us.net AND http://www.smf.juarez-mexico.com/ they specialize in cases JUST like yours.

The only positive I see is your fiance, which you're probably gonna have to marry to start this process since he will need to file a waiver, is that he entered at such a young age. Ive heard thats a plus, someone can correct me if Im wrong. Another is that he only EWI once. So hes already at the ten year ban, but will be eligible for a waiver. Ciudad Juarez are actually pretty good at approving waivers.

My fiance is still not 18 yet and he EWI. Im glad we knew beforehand that he could leave once 18 and before 180 days old, so we wouldnt have to deal with a ban and have to file for a waiver. The only downside is we cant get married because his parents are in Mexico, (he needs parental consent) so our only route is the fiance, and even knowing we dont have any burdens, it still seems difficult because to me.

So I suggest you join those two forums I mentioned, and READ! RESEARCH, lots of it! Its going to be a long process, but you will meet so many people that will help you out tremendously!

Good Luck.

[Brother Hesekiel 2,236]

Cassie,

if somebody is a visitor, or student, or au pair, in the U.S., and becomes the immediate relative of a U.S. citizen, that person is eligible for Adjustment of Status (AoS). So the former non-immigrant status would be upgraded to immigrant, lawful permanent resident, which is what a Green Card holder formally is.

Anybody who entered the U.S. with a visa of any kind, was "inspected." They had to apply for a visa in their home country, submit a police report, had an interview, were inspected again when entering the U.S. and got an entry stamp and an I-94 form stapled into their passport. The U.S. government knows everything about them: name, date of birth, place of birth, parents, criminal record, etc., even their address in the U.S. so that's called "with inspection."

Somebody who was smuggled into the U.S. totally under the radar entered without inspection (EWI). That means the U.S. government knows nothing about them, not their name, age, not even the gender, let alone their criminal background, if any. Such a person has no status in the U.S. and thus is not eligible for Adjustment of Status.

So the means of entering makes all the difference in the world here.

Unless an approvable immigrant petition has been filed for your husband before April 1, 2001, he would have to return to his country of citizenship and apply for an immigrant visa to the U.S. based on an approved I-130 petition from you. This I-130 will be approved, as it only establishes the relationship between petitioner (you) and beneficiary (your husband). Basically, they need three months to say: "yep, she's a U.S. citizen and he's her husband." They charge you $420 for this.

This petition then goes to the National Visa Center and later to the U.S. consulate in Juarez. They will contact your husband and "allow" him to apply for an immigrant visa to the U.S. Unfortunately, it will be denied based on a 10-year bar your husband will trigger the moment he leaves the U.S. after unlawful presence of 1 year or longer. Since the U.S. government realizes that children have no say in where their parents take them, unlawful presence is not recorded until the child becomes an adult, which is at age 18. At that time the excuse "it's my parents' fault" is no longer accepted. Since your husband is 22 now, he will definitely trigger the bar.

This bar can be overcome with a waiver, the I-601. In order to get it approved, you, the U.S. citizen, need to prove that you can't live in Mexico and that your husband's inability to live with you in the U.S. would create a huge problem for you. A good example: you are in the wheelchair and need constant attention. Your husband is your only caretaker and has been for several years. Without him you are toast. That's a great reason to get an I-601 approved, but a good immigration attorney can surely pull a good case for you together. The best specialist I know is Laurel Scott. You can google her under "Laurel Scott immigration" or go to http://www.immigrate2us.net where she has a free weekly chat.

There are other things that are not really obvious right now. For example, did your husband only marry you hoping it would give him immigration benefits? Of course not, you will respond, which is why you wouldn't have a problem to live up to your vows and move with him to Mexico for a decade. After all, why would a wife live apart from her husband? Or did your husband not tell you about his "not-status" before you tied the knot? If so, that would be another reason to doubt that he entered the marriage in good faith. I'm not saying that to make you feel bad; I'm bringing these things up because consular officers will do the same. It's their job.

So find out if he qualifies under 245i. If not, you need to figure out if you want to wait for the DREAM Act to pass (I will answer Jim's post separately), or if you are going to fight this by trying the waiver route. Be advised that you are looking at about $8K in attorney fees alone, and this is one fight you can't fight on your own.

So try to soak all of this in, talk to your husband, and then figure out where you take it from here.

Edited October 5, 2011 by Just Bob