Need advice

[Elsalove2016 34]

My number one recommendation it to seek a good immigration lawyer to guide you and tell you what your options are , but for my understanding you might be able to get married without a problem but when you do the process they will require a waiver for his ilegal stay in this country , if the waiver gets a approved he would have to go back to his home country and have a interview with the embassy of the  United States there and if the council decides that  everything is good then he will get his visa to enter the United States legal and his green card . As I said though I’m not 100 percent sure of this the best thing will be to make an appointment with well known immigration lawyer . Good luck with everything !! 🙏

[Elsalove2016 34]

1 hour ago, debbiedoo said:

undocumented or not, he can not get a marriage license without a current valid form of ID. Drivers License, State ID Card, or passport. HE has to have one of those plus whatever other documentation your State required (they are all different)

 

He could be arrested and deported for jaywalking at this point.

He might be able to get a current passport from his country . He will have to check with the embassy or council of his home country in whichever state he is residing . 

[KeratNY 76]

2 hours ago, payxibka said:

Obviously you don’t know that undocumented means exactly that.  

Undocumented also refers to people who came here legally and overstayed their lawful stay. 

[KeratNY 76]

4 hours ago, A&Vparamo said:

 so I need some advice on what to do and how to help my fiance. we have known each other for five years and have been together for 2 years of that five. He is undocumented he has been here since 2000 and he has  an 11 year old daughter. He has never gone to get any kind of documents, and he has not had any kind of criminal activity in the United States since he's been here. The only thing he has had is tickets for driving with no license but he has paid those fines.  A lot of the deportation that's going on around my town has put a hold on us going through with going to the courthouse to get our marriage license. He is afraid but they may get him if we do so. So question # 1....Is that possible for them to get him at the courthouse for us getting marriage license? #2... what do you recommend for me to do in order to help my fiance become u.s. citizen? And #3...  after we do get married what are the necessary assets that we need to follow through with to have to prove our marriage is real?

They won't arrest him at the courthouse. ICE isn't there, except by coincidence. You don't even need to be lawfully present in the country to get married here. You just need identification and maybe some proof you live in that state. 

However if he entered without inspection, you're in for a long tough road with likely not a good outcome, I'm afraid. If he just overstayed his visa, then you can adjust status fairly easily (assuming you're a US citizen)

Edited May 18, 2018 by KeratNY

[Boiler 45,912]

Undocumented does not mean someone does not have documents, usually just a PC term for Illegals.

 

Illegals can marry not an issue and no ICE are not usually the part of any Bridal party.

 

I 601A, pops back for the interview and should be back in the US in a week or so.

[A&Vparamo 0]

Thanks everyone for all the info. He does have a current passport and he also has he birth certificate. And also has an ID card that he had made when he got his passport.... Once again thanks for helping me out

[NikLR 13,231]

~~moved to general immigration from K1 process and procedures.  OP is not asking about K1 process but their SO did not enter with inspection so cannot adjust status.~~

 

You can't make your own ID card.

 

Get married.  File the I-130 and the I-601a. 

 

Suggest a lawyer too. 

[Orangesapples 1,954]

11 hours ago, Paul & Marina said:

Just asking "and he has not had any kind of criminal activity in the United States since he's been here". Isn't that criminal activity?

No, it's not. Breaking immigration law is a civil offense, not a crime. 

 

OP, how did he enter the US? Which country is he from? 

[Orangesapples 1,954]

1 hour ago, A&Vparamo said:

Thanks everyone for all the info. He does have a current passport and he also has he birth certificate. And also has an ID card that he had made when he got his passport.... Once again thanks for helping me out

Then you can probably easily get married. Go ahead and do it ASAP. Again, did he enter on a visa and then overstay? Or did he cross the border without inspection? It makes a big difference. 

[Unlockable 7,315]

Illegal immigration can be both civil and criminal. It depends on the infraction.

[Boiler 45,912]

1 minute ago, NuestraUnion said:

Illegal immigration can be both civil and criminal. It depends on the infraction.

Agreed

[Jenny17655 284]

2 hours ago, A&Vparamo said:

Thanks everyone for all the info. He does have a current passport and he also has he birth certificate. And also has an ID card that he had made when he got his passport.... Once again thanks for helping me out

I was married twice to undocumented Mexicans.  The first time was in 2001.  We married here in the US and there was a special amnesty which allowed him to remain in the US while I filed the I130 petition for a relative. It was approved and he received a work authorization before we divorced.  He never adjusted status and is still living and working illegally in the US. That amnesty no longer exists.  The second marriage was also in the US.  I filed the petition for alien relative and it was approved.  His only option at that point was to return to Mexico and wait out a 10 year ban for entering illegally.  He chose to remain here.  This was in 2003 and he is still here illegally.  Side note, we are no longer together and getting child support from him is a because he works illegally off the books.  We have been to family court many times and he has not faced deportation as of yet.  He is an alcoholic that has had several vehicle accidents and been arrested and jailed and he is STILL here and working.  We are in New York if that matters to you.

[Boiler 45,912]

Isnt NY a Sanctuary City?

[NigeriaorBust 4,087]

  So if he came across the border with inspection then the trick is to prove it and that he hasn't left since then you could file AOS ( adjustment of status ) . If he wasn't inspected then you need to file an 601a waiver , and when that is approved it allows him to exit to his home country get a visa an return in good status.  The waiver only forgives the illegal entry no other issues   As a recent thread shows , other issues can turn this into a mess, someone recently went for their interview and got slapped with human smuggling charges because their child had originally crossed with them. 

[Crazy Cat 42,035]

4 hours ago, A&Vparamo said:

Thanks everyone for all the info. He does have a current passport and he also has he birth certificate. And also has an ID card that he had made when he got his passport.... Once again thanks for helping me out

OP, How did he initially enter the US?   Sorry, but this is a very important issue.