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Illegal Love

By queenugo in Off Topic

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queenugo Rookie

queenugo   0

Posted
Filed: Country: Mexico
 Timeline
Posted

Hi All,

I am counting on you all to help me come up w/ some answers.

Here is the problem: Mexican gentleman entered the country illegally, married U.S. citizen, never filed proper paperwork, divorced, dating another U.S. citizen and would like to become legal in case he decides to marry the new lady at some point in time. Is this going to require him to return to Mexico until the paperwork is completed properly or what? And how was it possible that he married the first lady and not have gotten "caught" by immigration? Looking for answers.....Thanks!

Michele

QueenUgo

Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted
I suggest an appointment with an immigration lawyer would be the best way to go..... way to complicated a case for me to comment...

Kezzie

:yes:

In "Monopoly-ese"--"go directly to yellow pages, contact immigration lawyer".

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pax Proficient

pax   0

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

In short, if he wants to become legal, the best way is probably to marry his lady friend, leave the country, have her file a petition for a spousal visa for him, have it be denied, and then file I-212 and I-601 waivers for him to be admitted, this time legally.

This will not be a quick, cheap, or easy process, and the lady in question should seek consult with a highly qualified and experience immigration attorney sooner rather than later.

It's very easy to for an illegal immigrant to get married. Many states require only some form of picture ID; I've not heard of one yet that actually requires proof of legal immigration, residency, or citizenship status before marrying two people.

Abby (U.S.) and Ewen (Scotland): We laughed. We cried. Our witness didn't speak English. Happily married (finally), 27 December 2006.

Latest news: Green card received 16 April 2007. USCIS-free until 3 January 2009! Eligible to naturalize 3 April 2010.

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MichelleandCraig Experienced

MichelleandCraig   1

Posted
Filed: Other Country: England
 Timeline
Posted

I think Pax had a really good answer; beyond that it's really your decision. I didn't use a lawyer,and don't normally advocate that for this process, but in this instance it's a good idea. M.

ManU2.jpg

10 year green card received

mid March, 2008. Done 'til Naturalization! WOOT! :)

desert_fox Proficient

desert_fox   32

Posted
Filed: Country: Spain
 Timeline
Posted
Hi All,

I am counting on you all to help me come up w/ some answers.

Here is the problem: Mexican gentleman entered the country illegally, married U.S. citizen, never filed proper paperwork, divorced, dating another U.S. citizen and would like to become legal in case he decides to marry the new lady at some point in time. Is this going to require him to return to Mexico until the paperwork is completed properly or what? And how was it possible that he married the first lady and not have gotten "caught" by immigration? Looking for answers.....Thanks!

Michele

The fact that he has already been married is meaningless. Since they never filed any paperwork, nothing has changed. There is no reason why he would ever get caught thru a marriage. Immigration could care less.

If he wants to become legal, ho would have to leave the country and go thru the waiver process, since he would be denied a visa due to his illegal presence. The new girlfriend would have to petition him as a fiance or as a spouse for a visa interview to take place.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

Jasman0717 Grand Master

Jasman0717   9

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
I suggest an appointment with an immigration lawyer would be the best way to go..... way to complicated a case for me to comment...

Kezzie

ditto - way over my legal mind :wacko:

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

Bootylicious!! Mentor

Bootylicious!!   2

Posted
Filed: Timeline
Posted

It's really not all that complicated. My husband and I did the same thing, with the exception of being married before. They would need to get married and file the paperwork. He can stay in the country until his appointment and then he would need to leave and stay in Mexico until his waiver was approved. He would need to file the I-601 waiver, maybe the I-212, that just depends. The I-601 is for the illegal presence in the US. You could definitely do it without a lawyer. We used one, basically because it made me feel better about it. After his waiver is approved, he would go back to CDJ and pick up his visa. It is a very long, drawn out process and it is expensive. You should check out the I-601 waiver thread. There is a lot of good information there.

Just couldn't stay my @ss away!

Mirorgate Experienced

Mirorgate   0

Posted
Filed: AOS (apr) Country: Ecuador
 Timeline
Posted
...

It's very easy to for an illegal immigrant to get married. Many states require only some form of picture ID; I've not heard of one yet that actually requires proof of legal immigration, residency, or citizenship status before marrying two people.

That I find interesting, especially since at the county clerk, they asked to see her I-90 and K1 in her passport, although on web site they did mention other forms of ID too.

James & Sara - Aug 12, 05

Humanity... destined to pass the baton shortly.

 

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