question about illegal stay and vaild marriage

[onofre 1]

Since my fiancee got her visa, I've been getting calls from friends and family members who wanted to know how we did it. There's a case that seems hard for me to answer.

There is a lady who came here illegaly and staying in Las Vegas. She met her partner and married in Vegas. So now he want her to fix her legally but what can he do since shes here illegal but have a valid marriage? What process can they take, if any?

Thanks...

[YuAndDan 153]

It is a valid marriage.

It depends how she entered the country, if she entered legally, but overstayed a visa, adjustment of status is a good possibility, if she entered without inspection, then it is more difficult, she will have to voluntarily leave the country, and he will petition for her, and they will have to deal with the waiver on the bar that will come up at the visa interview.

[onofre 1]

It is a valid marriage.

It depends how she entered the country, if she entered legally, but overstayed a visa, adjustment of status is a good possibility, if she entered without inspection, then it is more difficult, she will have to voluntarily leave the country, and he will petition for her, and they will have to deal with the waiver on the bar that will come up at the visa interview.

So will it be a K-3 visa and do a pardon to the consulate? Because she crossed without a visa and illegaly. I was talking to some people who did that during my stay in Juarez. They had to go back to mexico and then later go on another date to the interview where the benefiary asked for a pardon because crossing illegaly.

[desert_fox 32]

its not just a pardon. It is a waiver for very specific reasons. It's not as simple as saying I'm sorry.

Whoever is considering this should consult with an immigration attorney for help in preparing the waiver, as there are only very specific hardship reasons that they will accept. Being sparated from your wife is not a hardship. Waivers are rejected every day, and once it is, there is an automatic 10 year bar on re-entry.

[YuAndDan 153]

So will it be a K-3 visa and do a pardon to the consulate? Because she crossed without a visa and illegaly. I was talking to some people who did that during my stay in Juarez. They had to go back to mexico and then later go on another date to the interview where the benefiary asked for a pardon because crossing illegaly.

EXACTLY!!

[onofre 1]

its not just a pardon. It is a waiver for very specific reasons. It's not as simple as saying I'm sorry.

Whoever is considering this should consult with an immigration attorney for help in preparing the waiver, as there are only very specific hardship reasons that they will accept. Being sparated from your wife is not a hardship. Waivers are rejected every day, and once it is, there is an automatic 10 year bar on re-entry.

hmm....tough situation. OK, thanks for the info. I'll pass it on and see what happens from there.

[Mononoke28 135]

Also, suggest to them to do some research as there are many reputable organizations who might help her with the process. They're non-profit and can be found in most major cities.

Diana

[onofre 1]

Also, suggest to them to do some research as there are many reputable organizations who might help her with the process. They're non-profit and can be found in most major cities.

Diana

I never thought of that I know some of those, well here in chicago but not sure about Las Vegas, anyways, I will tell her to do some research about those places and maybe then she'll get a better asnwer of advice than poor 'ol me! lol...thanks again!