Illegal status living is US - Help

[JennyD 0]

I just found out my fiance is illegal which makes me totally pissed but I love him. I talked to an attorney and he said to get married in the US and then have him go back to Guatemala and file for I-130 and then the I-129 once approved. He said that if I filed a K-1 it might be denied. With the K-3 it would be more lienant. I don't know what to do. I'm scared. I want to do everything legal but I don't even really know where to get started. Any ideas? Please Help!

[Niels Bohr 72]

Your attorney will provide you with better counseling on this matter. He is right, you may get married in the States; however, he needs to go back to his home country and you may begin the petition process.

I advise you to follow his advice since the consequence of this process may lead to denial that probably will give him a 10 year ban from entry to the United States.

In my opinion, I think it would be wise not to marry in the States. Have him return home, and you may file for a K-1. This will make the process quicker. Only USCIS will determine the faith. Leniency has no bearing on what visa is being applied for.

Edited April 27, 2007 by consolemaster

[JennyD 0]

Your attorney will provide you with better counseling on this matter. He is right, you may get married in the States; however, he needs to go back to his home country and you may begin the petition process.

I advise you to follow his advice since the consequence of this process may lead to denial that probably will give him a 10 year ban from entry to the United States.

In my opinion, I think it would be wise not to marry in the States. Have him return home, and you may file for a K-1. This will make the process quicker. Only USCIS will determine the faith. Leniency has no bearing on what visa is being applied for.

But the attorney said that with the K-1 Visa, this will lead to denial because of him being here on illegal status currently. He did say the K-1 visa was quicker but you run into problems with that as well. I know they all have thier pros and cons.

[Niels Bohr 72]

The attorney presuming. He may be right, and he maybe wrong. Neither will provide a glimpse of how USCIS process the cases. If I were you, have him return home, and marry him outside the US. Most certainly, if USCIS discovered that he was here in the States illegally, and married you that will also lead to a possible 10 year ban. This is all I can give you.

[Yodrak 7]

JennyD,

"illegal" in what way? Entered without inspection? Entered with inspection but failed to leave when he should have?

Yodrak

I just found out my fiance is illegal .....

[eau_xplain 2]

I just found out my fiance is illegal which makes me totally pissed but I love him. I talked to an attorney and he said to get married in the US and then have him go back to Guatemala and file for I-130 and then the I-129 once approved. He said that if I filed a K-1 it might be denied. With the K-3 it would be more lienant. I don't know what to do. I'm scared. I want to do everything legal but I don't even really know where to get started. Any ideas? Please Help!

Please ask your fiance what he means by "illegal". Did he enter on a valid visa and was inspected by US immigration at POE but his authorized stay has expired? Or did he "sneak in" without being inspected?

If it's the former, then you can get married and have him adjust status without leaving the country.

If it's the latter, you get married and then file for I-130 (for CR1) or I-129 (for K3). When he is called for interview at the embassy, he goes home and he will be denied because of his illegal entry. You will have to submit a waiver and prove hardship. Once that hardship waiver is approved, they will then continue to process his application.

There's a a forum here that talks about the waivers that you can read up on.

Good luck to you and you fiance as you embark on your immigration journey.

[JennyD 0]

JennyD,

"illegal" in what way? Entered without inspection? Entered with inspection but failed to leave when he should have?

Yodrak

I just found out my fiance is illegal .....

He came in by way of Coyote. He filed papers to work and pay taxes so if checked, they could find out he WAS here illegally AND he did a speeding ticket while here, so technically he has a record.

[Brazilitaliana 0]

I just found out my fiance is illegal which makes me totally pissed but I love him. I talked to an attorney and he said to get married in the US and then have him go back to Guatemala and file for I-130 and then the I-129 once approved. He said that if I filed a K-1 it might be denied. With the K-3 it would be more lienant. I don't know what to do. I'm scared. I want to do everything legal but I don't even really know where to get started. Any ideas? Please Help!

How sad you guys are only beginning and already having "trusting" issues. The least he can do is try to "legalize" his attitude and go back to Guatemala, then start from there, but first and foremost, like the others said, you need to know what "illegal" means...did he come to the US on a VISA and overstayed or did he enter illegally, without being inspected?

Please be sure you two are on the same page before you start any immigration process, it is hard enough when the couple's relationship is solid, let alone when there is something so serious involved. No matter which one you go through (K1, K3), it is likely to be a long process, so you two need to know that and be ready for whatever lies ahead.

I wish you the best,

Vanessa

[JennyD 0]

I just found out my fiance is illegal which makes me totally pissed but I love him. I talked to an attorney and he said to get married in the US and then have him go back to Guatemala and file for I-130 and then the I-129 once approved. He said that if I filed a K-1 it might be denied. With the K-3 it would be more lienant. I don't know what to do. I'm scared. I want to do everything legal but I don't even really know where to get started. Any ideas? Please Help!

How sad you guys are only beginning and already having "trusting" issues. The least he can do is try to "legalize" his attitude and go back to Guatemala, then start from there, but first and foremost, like the others said, you need to know what "illegal" means...did he come to the US on a VISA and overstayed or did he enter illegally, without being inspected?

Please be sure you two are on the same page before you start any immigration process, it is hard enough when the couple's relationship is solid, let alone when there is something so serious involved. No matter which one you go through (K1, K3), it is likely to be a long process, so you two need to know that and be ready for whatever lies ahead.

I wish you the best,

Vanessa

A Coyote is a person that is hired to sneak people into the US, which means not being inspected.

[Yodrak 7]

JennyD,

OK, so as your lawyer has indicated and others have posted in this thread, the idea of adjusting status without leaving the country is not an option.

Make sure that the lawyer you're talking with is experienced with family-based immigration and with waivers, and if he isn't find one who is.

Yodrak

JennyD,

"illegal" in what way? Entered without inspection? Entered with inspection but failed to leave when he should have?

Yodrak

I just found out my fiance is illegal .....

He came in by way of Coyote. .....

Edited April 27, 2007 by Yodrak

[kitkat1 5]

Follow Eau Explain's advice. It doesn't matter if you file a K1 or K3. Either petition will be approved (unless you have not met some other requirement of the petition) as the petition is just a request to allow him to interview for a visa. Tell the truth on all the paperwork as required by law.

When it comes time for his interview, he will need to leave the US and travel to Guatemala for the interview. There he will be denied and you will have to submit a 601 waiver, hardship letter and evidence. The letter is from you, the USC, proving extreme hardship to you if his visa is ultimately denied and you are forced to relocate to Guatemala permanently. Once submitted, he will be required to stay out of the US until his waiver is approved and his visa is granted.

See the 601 waiver forum on immigrate2us.net where you can read about hardship letters, approval rates and timing. You should also read the waiver guidelines - here's a copy from the Mexico US consulate: http://ciudadjuarez.usconsulate.gov/wwwhcishardship.html

Consolemaster

"Most certainly, if USCIS discovered that he was here in the States illegally, and married you that will also lead to a possible 10 year ban"

This is incorrect. A ban does not go into effect until the person has left the US. If he illegal in the US, whether or married or not, he is deportable.

[kitkat1 5]

Jenny one more thing - I would find a new lawyer - this one doesn't appear to be experienced in this sort of thing as his comment "that if I filed a K-1 it might be denied. With the K-3 it would be more lienant" is completely incorrect.

Either petition will be approved and either visa will be denied.

[Yodrak 7]

If the waiver is approved, not "once" or "until". Approval is not a sure thing. JennyD is rightfully concerned, applying for a waiver is not a trivial thing.

Yodrak

..... Once that hardship waiver is approved, they will then continue to process his application.

......

..... until his waiver is approved and his visa is granted.

......

[kitkat1 5]

If the waiver is approved, not "once" or "until". Approval is not a sure thing. JennyD is rightfully concerned, applying for a waiver is not a trivial thing.

Yodrak

..... Once that hardship waiver is approved, they will then continue to process his application.

......

..... until his waiver is approved and his visa is granted.

......

Fair and true - there is absolutely no guarantee that it will be approved. We just like to think positively!

[homesick_american 1]

JennyD,

"illegal" in what way? Entered without inspection? Entered with inspection but failed to leave when he should have?

Yodrak

I just found out my fiance is illegal .....

He came in by way of Coyote. He filed papers to work and pay taxes so if checked, they could find out he WAS here illegally AND he did a speeding ticket while here, so technically he has a record.

A speeding ticket is the least of your worries. He's an EWI and presumably has been in the USA for longer than six months. That's enough to trigger a several-year ban, according to everyone here's favorite I-601 attorney:

If he entered 'illegally' and has been in the US for more than 180 days, he will be subject to a ban on reentry for several years. He will have to return to his home country and you can sponsor him and apply for a waiver for the ban. Granting the waivers is discretionary, so it is not guaranteed that he will get the waiver. In any case his 'out of status' time is what I call a 'red flag' which is good cause for hiring an attorney to review the details of his case carefully.

http://www.visacentral.net/faq.html

Get a lawyer who is experienced in I-601 waivers...you're really up against it here and it sounds like your lawyer doesn't know what he's talking about. There are people on this message board whose K-3s and I-601s were denied, so I don't see that the USCIS is any more lenient with spouses than it is with fiances when it comes to CIMTs and illegal entries/overstays.