K3 for Illegal Immigrant already in United States

[Dixie_Peach 1]

I am back on VJ because I need the help of the VJ Masters.

I have a friend who is a US citizen, and has been married almost 2 years to an illegal immigrant from Mexico. Her husband has been in the United States for a good number of years (not exactly sure how long).

Is there a forum, links, ANYTHING that will help her and her husband?

They paid $500 to an attorney to do the I-130. They have received the NOA1. The petition has been forwarded to the NVC in Portsmouth, NH. The attorney told them that she needs $1500 before she can do the next process. The attorney will not tell them ANYTHING of what to expect for the next step of the process... and they don't have $1500.

Questions:

1) Do my friends HAVE to hire an attorney for the K3 process? (he is one of the illegal immigrants already here who wishes to begin the process to be here LEGALLY)

2) What exactly IS the next step for them?

3) Is there a forum specifically for the illegal immigrants already here and their U.S. spouses?

Thanks ya'll! All help is appreciated!

Lynne

PS: edited to say... I have been searching online today through the VJ website... but, honestly have felt a little overwhelmed. So please give me straight answers.... and direct links. Thanks!

Edited July 12, 2007 by Dixie_Peach

[YuAndDan 153]

They would have to return home, and if this is a first offense of being in the USA out of status, then a waiver I-601 will be needed to be filed at the US consulate in foreign country to overcome the bar that will be in place for the overstay.

[Dixie_Peach 1]

YuAndDan,

Thank you so much for your reply.

At what point should he return home? They are married... and have been together for almost 2 years. Her 5 kids call him Dad... and he works. So, they would be under a financial hardship if he were to return to Mexico.

This is all new to me, so I am like a duck out of water. I have no idea what to tell my friends about what to expect.

They would have to return home, and if this is a first offense of being in the USA out of status, then a waiver I-601 will be needed to be filed at the US consulate in foreign country to overcome the bar that will be in place for the overstay.

[MargotDarko 0]

I am back on VJ because I need the help of the VJ Masters.

I have a friend who is a US citizen, and has been married almost 2 years to an illegal immigrant from Mexico. Her husband has been in the United States for a good number of years (not exactly sure how long).

Is there a forum, links, ANYTHING that will help her and her husband?

They paid $500 to an attorney to do the I-130. They have received the NOA1. The petition has been forwarded to the NVC in Portsmouth, NH. The attorney told them that she needs $1500 before she can do the next process. The attorney will not tell them ANYTHING of what to expect for the next step of the process... and they don't have $1500.

Questions:

1) Do my friends HAVE to hire an attorney for the K3 process? (he is one of the illegal immigrants already here who wishes to begin the process to be here LEGALLY)

2) What exactly IS the next step for them?

3) Is there a forum specifically for the illegal immigrants already here and their U.S. spouses?

Thanks ya'll! All help is appreciated!

Lynne

PS: edited to say... I have been searching online today through the VJ website... but, honestly have felt a little overwhelmed. So please give me straight answers.... and direct links. Thanks!

The most important thing is whether or not he entered illegally at his most recent entry to the US. If he entered legally without the intent to immigrate and has just overstayed his current visit, he should be adjusting status with the I-485. If he entered illegally on his most recent entry, he must return home to apply for the visa. He will be denied at first but should have a chance to file a wavier. There isn't any visa he can get without leaving the country - a visa is only for entering the country legally. The only thing he could do legally without leaving the country is adjust status, but he can only do that if he entered legally in the first place.

This is all said simply from my understanding of how it works and I'm not an immigration lawyer.

[Dixie_Peach 1]

I am back on VJ because I need the help of the VJ Masters.

I have a friend who is a US citizen, and has been married almost 2 years to an illegal immigrant from Mexico. Her husband has been in the United States for a good number of years (not exactly sure how long).

Is there a forum, links, ANYTHING that will help her and her husband?

They paid $500 to an attorney to do the I-130. They have received the NOA1. The petition has been forwarded to the NVC in Portsmouth, NH. The attorney told them that she needs $1500 before she can do the next process. The attorney will not tell them ANYTHING of what to expect for the next step of the process... and they don't have $1500.

Questions:

1) Do my friends HAVE to hire an attorney for the K3 process? (he is one of the illegal immigrants already here who wishes to begin the process to be here LEGALLY)

2) What exactly IS the next step for them?

3) Is there a forum specifically for the illegal immigrants already here and their U.S. spouses?

Thanks ya'll! All help is appreciated!

Lynne

PS: edited to say... I have been searching online today through the VJ website... but, honestly have felt a little overwhelmed. So please give me straight answers.... and direct links. Thanks!

The most important thing is whether or not he entered illegally at his most recent entry to the US. If he entered legally without the intent to immigrate and has just overstayed his current visit, he should be adjusting status with the I-485. If he entered illegally on his most recent entry, he must return home to apply for the visa. He will be denied at first but should have a chance to file a wavier. There isn't any visa he can get without leaving the country - a visa is only for entering the country legally. The only thing he could do legally without leaving the country is adjust status, but he can only do that if he entered legally in the first place.

This is all said simply from my understanding of how it works and I'm not an immigration lawyer.

Margot, that makes perfect sense. I will have print out these replies and give them to my friends. Thank you!

[pushbrk 13,213]

I am back on VJ because I need the help of the VJ Masters.

I have a friend who is a US citizen, and has been married almost 2 years to an illegal immigrant from Mexico. Her husband has been in the United States for a good number of years (not exactly sure how long).

Is there a forum, links, ANYTHING that will help her and her husband?

They paid $500 to an attorney to do the I-130. They have received the NOA1. The petition has been forwarded to the NVC in Portsmouth, NH. The attorney told them that she needs $1500 before she can do the next process. The attorney will not tell them ANYTHING of what to expect for the next step of the process... and they don't have $1500.

Questions:

1) Do my friends HAVE to hire an attorney for the K3 process? (he is one of the illegal immigrants already here who wishes to begin the process to be here LEGALLY)

2) What exactly IS the next step for them?

3) Is there a forum specifically for the illegal immigrants already here and their U.S. spouses?

Thanks ya'll! All help is appreciated!

Lynne

PS: edited to say... I have been searching online today through the VJ website... but, honestly have felt a little overwhelmed. So please give me straight answers.... and direct links. Thanks!

I think they have the wrong attorney who is just scamming them for fees. People already in the United States don't need visas. Visa are to enter a country. This illegal alien needs an adjustment of status. The only way a spouse visa would work is if the illegal somehow returned to their native country without any record of their ever being here AND they lied about being here. The lying is visa fraud.

I think a new competent attorney is in order.

Edited July 12, 2007 by pushbrk

[Gaby&Talbert 1]

http://immigrate2us.net/forum/forumdisplay.php?f=6

Is is forem specifically for people filing waivers in Mexico. What is his specific story and people here can tell you if he may qualify for a waiver or not. What has your lawyer said also?

[MargotDarko 0]

YuAndDan,

Thank you so much for your reply.

At what point should he return home? They are married... and have been together for almost 2 years. Her 5 kids call him Dad... and he works. So, they would be under a financial hardship if he were to return to Mexico.

This is all new to me, so I am like a duck out of water. I have no idea what to tell my friends about what to expect.

They would have to return home, and if this is a first offense of being in the USA out of status, then a waiver I-601 will be needed to be filed at the US consulate in foreign country to overcome the bar that will be in place for the overstay.

It's going to be a long, hard road. It's my inclination to say that he can wait to leave the country until they receive NOA2 and the process goes to NVC at which point he would apply for a visa. But there must be some type of complication with the I-130 because of his current status. Perhaps someone here can recommend a lawyer who will do a low-cost consultation to advise on their next steps.

[Dixie_Peach 1]

http://immigrate2us.net/forum/forumdisplay.php?f=6

Is is forem specifically for people filing waivers in Mexico. What is his specific story and people here can tell you if he may qualify for a waiver or not. What has your lawyer said also?

Gaby,

From my understanding, they paid the attorney $500 for her to file the I-130 petition. They received the NOA1, and the petition has been forwarded to the NVC in New Hampshire.

They called the attorney to see what the next step is, and she told them that the next step would cost them $1500 + $380 for her fee for a total of $1880. They don't have that kind of money. So, they asked me what the next step is... I have no idea. The process I went through is totally different.

Thanks for the link! Gonna check it out.

[Dixie_Peach 1]

I am back on VJ because I need the help of the VJ Masters.

I have a friend who is a US citizen, and has been married almost 2 years to an illegal immigrant from Mexico. Her husband has been in the United States for a good number of years (not exactly sure how long).

Is there a forum, links, ANYTHING that will help her and her husband?

They paid $500 to an attorney to do the I-130. They have received the NOA1. The petition has been forwarded to the NVC in Portsmouth, NH. The attorney told them that she needs $1500 before she can do the next process. The attorney will not tell them ANYTHING of what to expect for the next step of the process... and they don't have $1500.

Questions:

1) Do my friends HAVE to hire an attorney for the K3 process? (he is one of the illegal immigrants already here who wishes to begin the process to be here LEGALLY)

2) What exactly IS the next step for them?

3) Is there a forum specifically for the illegal immigrants already here and their U.S. spouses?

Thanks ya'll! All help is appreciated!

Lynne

PS: edited to say... I have been searching online today through the VJ website... but, honestly have felt a little overwhelmed. So please give me straight answers.... and direct links. Thanks!

I think they have the wrong attorney who is just scamming them for fees. People already in the United States don't need visas. Visa are to enter a country. This illegal alien needs an adjustment of status. The only way a spouse visa would work is if the illegal somehow returned to their native country without any record of their ever being here AND they lied about being here. The lying is visa fraud.

I think a new competent attorney is in order.

Pushbrk

That's what I thought too... but I definitely do not know enough about the immigration process concerning illegal immigrants already here. I appreciate your reply. Gonna print all of these out and show them to my friend.

[YuAndDan 153]

http://immigrate2us.net/forum/forumdisplay.php?f=6

Is is forem specifically for people filing waivers in Mexico. What is his specific story and people here can tell you if he may qualify for a waiver or not. What has your lawyer said also?

Gaby,

From my understanding, they paid the attorney $500 for her to file the I-130 petition. They received the NOA1, and the petition has been forwarded to the NVC in New Hampshire.

They called the attorney to see what the next step is, and she told them that the next step would cost them $1500 + $380 for her fee for a total of $1880. They don't have that kind of money. So, they asked me what the next step is... I have no idea. The process I went through is totally different.

Thanks for the link! Gonna check it out.

The next step is NVC will send Visa Fee Bill, and I-864 Fee bill, which will be paid, and the case will get sent to the foreign consulate for interview, this is where the I-601 waiver will come up.

SEE: http://www.visajourney.com/examples/NVC_Pr...wchart_v1-2.pdf

http://ciudadjuarez.usconsulate.gov/wwwhciswaiver.html

Edited July 12, 2007 by YuAndDan

[luckysprite 0]

I am back on VJ because I need the help of the VJ Masters.

I have a friend who is a US citizen, and has been married almost 2 years to an illegal immigrant from Mexico. Her husband has been in the United States for a good number of years (not exactly sure how long).

Is there a forum, links, ANYTHING that will help her and her husband?

They paid $500 to an attorney to do the I-130. They have received the NOA1. The petition has been forwarded to the NVC in Portsmouth, NH. The attorney told them that she needs $1500 before she can do the next process. The attorney will not tell them ANYTHING of what to expect for the next step of the process... and they don't have $1500.

Questions:

1) Do my friends HAVE to hire an attorney for the K3 process? (he is one of the illegal immigrants already here who wishes to begin the process to be here LEGALLY)

2) What exactly IS the next step for them?

3) Is there a forum specifically for the illegal immigrants already here and their U.S. spouses?

Thanks ya'll! All help is appreciated!

Lynne

PS: edited to say... I have been searching online today through the VJ website... but, honestly have felt a little overwhelmed. So please give me straight answers.... and direct links. Thanks!

I think they have the wrong attorney who is just scamming them for fees. People already in the United States don't need visas. Visa are to enter a country. This illegal alien needs an adjustment of status. The only way a spouse visa would work is if the illegal somehow returned to their native country without any record of their every being here AND they lied about being here. That's visa fraud.

I think a new competent attorney is in order.

As you have been informed of already - the first step is to file the I130 - which your friends did. Upon reciept of that - which they have with the NOA1 - they can file the I129f....this is for the K3 - however if they do not decide to file that - they seem to be elligible for the IR/CR visas....

Either way - upon approval of the I130 or I29f - they would proceed with processing through the NVC...upon completion of that - an interview would be scheduled in Ciudad Juarez in mexico (there is no way around of having to return to his home country). At the interview - he would be denied for his unlawful presence - and depending on if he qualified - he could file the 601 waiver as previously mentioned. The waiver may be approved the same day it was filed - if EXTREME hardships were shown to the USC and he had no criminal record. If approved - he would get his visa - and return to the US.

The K3 would require and adjustment of status to be done in the US upon returning - whereas the IR would not. It is a personal choice of which path to follow.

I hope that helped.

[MargotDarko 0]

http://immigrate2us.net/forum/forumdisplay.php?f=6

Is is forem specifically for people filing waivers in Mexico. What is his specific story and people here can tell you if he may qualify for a waiver or not. What has your lawyer said also?

Gaby,

From my understanding, they paid the attorney $500 for her to file the I-130 petition. They received the NOA1, and the petition has been forwarded to the NVC in New Hampshire.

They called the attorney to see what the next step is, and she told them that the next step would cost them $1500 + $380 for her fee for a total of $1880. They don't have that kind of money. So, they asked me what the next step is... I have no idea. The process I went through is totally different.

Thanks for the link! Gonna check it out.

From the info you've given, the lawyer is either trying to scam them or doesn't know what they're doing if she has told them he doesn't have to leave the country. She is trying to get him a visa, but like pushbrk said, a visa isn't any good to someone already in the country. Although, they don't have to lie or have no record of him in the US for a spousal visa to work. They just need to be eligible for and get approved for a wavier and then could receive a visa for him to return to the US legally. It can and probably will take a very long time though. Braving it is a great thing for them to do. It's the right thing to do and it will also make their lives so much better when it's over. They do need a better lawyer though.

[Dixie_Peach 1]

I am back on VJ because I need the help of the VJ Masters.

I have a friend who is a US citizen, and has been married almost 2 years to an illegal immigrant from Mexico. Her husband has been in the United States for a good number of years (not exactly sure how long).

Is there a forum, links, ANYTHING that will help her and her husband?

They paid $500 to an attorney to do the I-130. They have received the NOA1. The petition has been forwarded to the NVC in Portsmouth, NH. The attorney told them that she needs $1500 before she can do the next process. The attorney will not tell them ANYTHING of what to expect for the next step of the process... and they don't have $1500.

Questions:

1) Do my friends HAVE to hire an attorney for the K3 process? (he is one of the illegal immigrants already here who wishes to begin the process to be here LEGALLY)

2) What exactly IS the next step for them?

3) Is there a forum specifically for the illegal immigrants already here and their U.S. spouses?

Thanks ya'll! All help is appreciated!

Lynne

PS: edited to say... I have been searching online today through the VJ website... but, honestly have felt a little overwhelmed. So please give me straight answers.... and direct links. Thanks!

I think they have the wrong attorney who is just scamming them for fees. People already in the United States don't need visas. Visa are to enter a country. This illegal alien needs an adjustment of status. The only way a spouse visa would work is if the illegal somehow returned to their native country without any record of their every being here AND they lied about being here. That's visa fraud.

I think a new competent attorney is in order.

As you have been informed of already - the first step is to file the I130 - which your friends did. Upon reciept of that - which they have with the NOA1 - they can file the I129f....this is for the K3 - however if they do not decide to file that - they seem to be elligible for the IR/CR visas....

Either way - upon approval of the I130 or I29f - they would proceed with processing through the NVC...upon completion of that - an interview would be scheduled in Ciudad Juarez in mexico (there is no way around of having to return to his home country). At the interview - he would be denied for his unlawful presence - and depending on if he qualified - he could file the 601 waiver as previously mentioned. The waiver may be approved the same day it was filed - if EXTREME hardships were shown to the USC and he had no criminal record. If approved - he would get his visa - and return to the US.

The K3 would require and adjustment of status to be done in the US upon returning - whereas the IR would not. It is a personal choice of which path to follow.

I hope that helped.

luckysprite

thank you! there are no criminal records... other than him being here in the usa illegally. i appreciate all of the replies and advice! thanks guys!

[luckysprite 0]

He would most likely also be able to stay in the US until his interview in mexico.

There are several factors that can complicate an already complex situation though - however, many people do proceed without lawyers. If you would like to PM me, I could try to answer more specific questions if you provided some additional information on his illegal status.

There are also a couple of other websites that have a lot more information on cases very similar to your friends, as there are actually a lot of people experiencing what they are.