What's their chance to make it?

[nane1104 146]

I'd like to ask here for a woman I have talked to on a different social media platform. I am partly just curious as to what you guys say, and of course I want to give her the right info to her issue.

So, this lady is a german citizen and wants to apply for U.S. citizenship in order to petition her now boyfriend.

Boyfriend is Mexican and has been illegally in the US for 12 years. They want to get married so he can adjust his status and become legal.

She has this idea that with a lawyer, it will be all good, even mentioned friends who have done it, but she didn't give details on their exact circumstances.

I told her that 1. She can petition for a spouse as a LPR but I didn't know if it will be the same or if it would be a faster/easier process to do it as a U.S. citizen.

2. He would have to leave the country and then they can file for a spouses visa, but since he has been in the country illegally for so long, he would trigger a lifelong ban.

3. Ban could be possibly overcome with a waiver and the help of a really good lawyer.

Is this correct so far? What options do they have or is this plain fraud to even marry this guy in order to get him here legally?

[GurkenSalat 48]

It is possible to petition for him as an LPR, but I highly doubt it's easier/faster, I expect it's quite the opposite.

Is she eligible to apply for citizenship? On what grounds?

It's kind of messed up, but isn't fraud if they are really in love and intend to start a life together. Otherwise it is very much fraud.

[nane1104 146]

She is eligible for citizenship. She was married to a U.S. citizen before, now divorced and at some point met her now boyfriend.

Before she can apply for naturalization she needs to apply for the BBG ( it's a certificate that the german govt. issues in order to keep german citizenship), so it's a longer and more expensive process but she is totally willing to do that. She didn't even know she could petition a spouse as a LPR.

[Shauneg 762]

I'd like to ask here for a woman I have talked to on a different social media platform. I am partly just curious as to what you guys say, and of course I want to give her the right info to her issue.

So, this lady is a german citizen and wants to apply for U.S. citizenship in order to petition her now boyfriend.

Boyfriend is Mexican and has been illegally in the US for 12 years. They want to get married so he can adjust his status and become legal.

She has this idea that with a lawyer, it will be all good, even mentioned friends who have done it, but she didn't give details on their exact circumstances.

I told her that 1. She can petition for a spouse as a LPR but I didn't know if it will be the same or if it would be a faster/easier process to do it as a U.S. citizen.

2. He would have to leave the country and then they can file for a spouses visa, but since he has been in the country illegally for so long, he would trigger a lifelong ban.

3. Ban could be possibly overcome with a waiver and the help of a really good lawyer.

Is this correct so far? What options do they have or is this plain fraud to even marry this guy in order to get him here legally?

Did he enter legally or illegally? That's really the only important question. If he entered illegally there's zero chance of anything happening for him and faces a lifetime ban.

[GurkenSalat 48]

Did he enter legally or illegally? That's really the only important question. If he entered illegally there's zero chance of anything happening for him and faces a lifetime ban.

Oh this is true, I forgot about that. If he entered illegally, he can't AOS even as a spouse of a US citizen (tho I'm not sure of what happens exactly).

Also, I am assuming the German lady has been a resident for 5 years at this point? If divorced, you can't apply for citizenship under the 3-year rule.

[Sandra G. 5,047]

shauneg your information is completely WRONG. If the guy entered without inspection his wife once she becomes a US Citizen she can file form I130 and her husband must choose CONSULAR PROCESSING. He does not have to leave the USA until his waiver I601 A waiver is approved. He can file for the waiver just AFTER the I-130 approval.Once his waiver is approved, he MUST attend the interview in his home Country, but when he leaves he will have already the case approved. In the US Consulate abroad he will basically show his original documents, proof of her tax return etc.

All I601A waivers that I submitted took 4/5 months, and all were approved.

http://www.uscis.gov/sites/default/files/files/form/i-601ainstr.pdf

Edited April 12, 2015 by sandranj

[madtownguy 164]

Did he enter legally or illegally? That's really the only important question. If he entered illegally there's zero chance of anything happening for him and faces a lifetime ban.

This is not accurate. If someone marries a U.S. citizen even if they came here illegally there are a lot of circumstances where they will not make them go back, and if they do make them go back usually it is as a punishment and eventually are allowed back in the U.S.

[madtownguy 164]

shauneg your information is completely WRONG. If the guy entered without inspection his wife once she becomes a US Citizen she can file form I130 and her husband must choose CONSULAR PROCESSING. He does not have to leave the USA until his waiver I601 A waiver is approved. He can file for the waiver just AFTER the I-130 approval.Once his waiver is approved, he MUST attend the interview in his home Country, but when he leaves he will have already the case approved. In the US Consulate abroad he will basically show his original documents, proof of her tax return etc.

All I601A waivers that I submitted took 4/5 months, and all were approved.

http://www.uscis.gov/sites/default/files/files/form/i-601ainstr.pdf

They don't make everyone leave for interview. Why wouldn't they make the millions here they give amnesty to leave first? Each situation could be handled differently. Best to get a Lawyer when it isn't a normal situation.

[Shauneg 762]

I'd like to ask here for a woman I have talked to on a different social media platform. I am partly just curious as to what you guys say, and of course I want to give her the right info to her issue.

So, this lady is a german citizen and wants to apply for U.S. citizenship in order to petition her now boyfriend.

Boyfriend is Mexican and has been illegally in the US for 12 years. They want to get married so he can adjust his status and become legal.

She has this idea that with a lawyer, it will be all good, even mentioned friends who have done it, but she didn't give details on their exact circumstances.

I told her that 1. She can petition for a spouse as a LPR but I didn't know if it will be the same or if it would be a faster/easier process to do it as a U.S. citizen.

2. He would have to leave the country and then they can file for a spouses visa, but since he has been in the country illegally for so long, he would trigger a lifelong ban.

3. Ban could be possibly overcome with a waiver and the help of a really good lawyer.

Is this correct so far? What options do they have or is this plain fraud to even marry this guy in order to get him here legally?

I guess I'm the only one reading it as they are going to get married just to adjust status. That's why I replied the way I did. If I took that the wrong way, sorry.

[Boiler 45,467]

It all depends.If he has DACA or if it happens DAPA then he can get AP use it, and then enter and adjust.

If it is a simple overstay then I 601A is also a route, pops back for a few days for his interview.

Matters little if she is a LPR or Citizen.

Pretty common scenario, some people DIY some use a Lawyer,her choice.

[Boiler 45,467]

I never answered the chances, assuming an overstay/illegal work then it would be very unusual that there would be a problem.

[nane1104 146]

I guess I'm the only one reading it as they are going to get married just to adjust status. That's why I replied the way I did. If I took that the wrong way, sorry.

Maybe I worded it wrong. They do not want to get married for the purpose of getting him legalized. Pretty sure they would get married anyway but they would start the immigration stuff once they are married. So, they need to be married but it's not heir only reason to do it.

[Shauneg 762]

Maybe I worded it wrong. They do not want to get married for the purpose of getting him legalized. Pretty sure they would get married anyway but they would start the immigration stuff once they are married. So, they need to be married but it's not heir only reason to do it.

Fair enough, then sorry for the way I originally answered instead of seeking clarification first.

[Sandra G. 5,047]

Madown guy YOU ARE WRONG.The law is clear any alien married to an US Citizen that ENTERED WITHOUT INSPECTION once the l601A is approved the Alien must leave the Country an

I filed several l601A and all my clients attended the CR1 interview Abroad. I suggest you read the law before correcting others here.I.am an attorney since 1989 and believe me I would not post here if I didn't know the answer.

Edited April 14, 2015 by sandranj

[Boiler 45,467]

Madown guy YOU ARE WRONG.The law is clear any alien married to an US Citizen that ENTERED WITHOUT INSPECTION once the l601A is approved the Alien must leave the Country and attend the interview abroad.

I answered the post considering the case mentioned here,the ALIEN entered without inspection,that being said his interview for CR1 visa must be abroad,he does not.qualify for AOS.I am I filed several l601A and all my clients attended the CR1 interview. I suggest you read the law before correcting others here.I.am an attorney since 1989 and believe me I would not post here if I didn't know the answer.

There is PiP, seen a lot of those.

And as I mentioned Dacabilly means many can adjust in country after a trip out.