looking for info

[moon68 2]

Hello visa journey family.....I am looking for info for a friend and his wife.....She is here in the states illeagely.......she has been her a number of years they say that they are leagely married.......they have 2 daughters.....she would like to get her papers but they dont want her to have to go back.....is there any way she can do this without haveing to return back to mexico?

[Mark + Melissa 49]

From what I can see here: http://wiki.answers.com/Q/Can_you_marry_an_illegal_immigrant

She's not legal, so the marriage isn't legal. She would have to return to Mexico to start the process. I'm sorry but that's the best answer I can give you.

[NigeriaorBust 4,087]

If she entered with a visa at one point but stayed past the visa then she could fix things in the US. However if she is here without ever being inspected she has to leave the country and then fix things. The marriage is legal ( most likely ) and your friend needs to file the I 130 , she will interview and get denied for the illegal presence in the US and then she should be able to submit the waiver. Mexico sees this all the time and are quite effecient at dealing with this.

[moon68 2]

What if the Husband is sick and unable to take care of himself and the two children on his own will they give any consideration to that?

If she entered with a visa at one point but stayed past the visa then she could fix things in the US. However if she is here without ever being inspected she has to leave the country and then fix things. The marriage is legal ( most likely ) and your friend needs to file the I 130 , she will interview and get denied for the illegal presence in the US and then she should be able to submit the waiver. Mexico sees this all the time and are quite effecient at dealing with this.

[NigeriaorBust 4,087]

If she entered without inspection NO they are very strict on this one point. I believe they could file now and she could go to Mexico closer to the interview date. There is another forum that is very good at the waiver paper work. It is immigrate2us.net

[Jojo92122 1,924]

From what I can see here: http://wiki.answers.com/Q/Can_you_marry_an_illegal_immigrant

She's not legal, so the marriage isn't legal. She would have to return to Mexico to start the process. I'm sorry but that's the best answer I can give you.

Why would this marriage not be legal? Of course, it is legal. Being in the US legally is not a condition for getting marry in the US. Immigration laws has no affect on marriage laws. Two illegal aliens can get legally marry in the US. A US resident and an illegal alien can get marry.

[Jojo92122 1,924]

What if the Husband is sick and unable to take care of himself and the two children on his own will they give any consideration to that?

A person who enters the US illegally by hopping the border has no legal status in the US. To obtain a green card, this person must leave the US.

The only way for your friend's wife to become legal in the US is for her to first leave. Upon leaving the US, she will be subject to a 10 years ban from reentering the US because she was unlawfully present in the US for more than a year. Your friend would file an I-130 for his wife. She will apply for an immigration visa. The visa will be denied because of her 10 years ban. Her husband can file for a waiver of the ban based on a hardship to him and his US citizen children. The waiver is discretionary - there is no guarantee that a waiver will be granted. It is only at the waiver stage that her husband and children's situation are taken into consideration.

Your friend's wife only option of becoming legal is to take this gamble that she qualifies for a waiver.