he entered the us with a visitor visa,then we met and got married.he never left!
2007-02-23 14:41:48 · 9 answers · asked by ? 1 in Politics & Government ➔ Immigration
Is his visa expired???? If so, tell your husband not to go back to Mexico. If he goes back over the border, they will NOT let him come back over the border again for 10 years. If he has problems with immigration deporting him from here, that is inevitable if it happens, but going over the border to Mexico will get him stuck there for a decade.
That would be the deciding factor.
Do you have kids together? That might help, but as you have probably seen on tv, it doesn't always.
I would contact an imm. attorney, or your congressman for some help. After 911, things got really picky.
My husband and I were married in Mexico, and he would have stayed there waiting for what we thought would be 2 years, but I had a special circumstance where my mother died 2 weeks after our wedding, and my congressman helped get my husband up here from Mexico within 2 months. If is wasn't for the congressman's office and my family trajedy, my husband would probably still be in mexico today, waiting.
The office will contact you and tell you to come in for biometrics. He will have to get fingerprinted....then they do a search for fingerprints to see if he is wanted, or has a criminal record. If they find this, he may be deported. Has he ever been deported before? Did they take his fingerprints at deportation? If so, you might have some problems, but maybe not.
Once everything is accepted (a few months), you will have a meeting with an official. You will need to bring in your paperwork, and proof that you are a married couple...legitimately.....bills with both your names, car titles with both names...whatever you can muster together to prove you live together. There is another form that should be submitted, which is an affidavit saying that he was here illegally, if that is the case. There is an additional fee. If that affidavit is accepted, and he is given conditional residency, he cannot be bothered about any other time he was here illegally. That one affidavit covers all of his illegal presence in the country during his entire life.
We brought my daughter's birth certificate, bills, car titles, a photo of our daughter....
Also, when/if he gets to the stage of removing the conditions on his resident status, you will need to submit sworn letters from two people who have known you and your husband since you have been married, and can attest to the fact that you are really a couple and live together. After submitting the app for removing conditions, that will take about a year, I think......
It took us 8 months for that last step, but we got in before the FLOOD of immigration applications that started (we applied in January 2004, and he just got his unconditional permanent residency in jan 2007). The wait, I believe, is much longer for the recent applicants.
Just be prepared to spend $$$ and time waiting. Make sure everything is filled out correctly and completely and on time.
Read all the instructions for filling out each form....before you send a check, double-check the fee rate. The rates change every once in a while, and if you send the old amount, your claim will be postponed even longer. Make copies and copies and copies of everything you send to uscis...in case they lose something and you need another copy.
We have an entire file drawer...yes, the whole drawer, full of all the paperwork submitted over the past 3 years, and all the correspondence and receipts necessary since we started the battle....and OUR case went smoothly.
Good luck.
2007-02-23 16:07:12 · answer #1 · answered by gg 7 · 1⤊ 0⤋
Much is overlooked when married to a US Citizen if one entered the US legally, was granted entry and is otherwise eligible. He can apply to adjust his status.
An exerpt from the first link below....
Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States?
You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.
If you are a Family- or Employment-based applicant, you must have an immigrant visa number available from the State Department unless you are in a category that is exempt from numerical limitations. Immediate relatives of United States citizens are exempt from this requirement. Immediate relatives of U.S. citizens are parents, spouses, and unmarried children under 21. (For instance, you can apply to adjust to permanent resident status at the same time that your U.S. citizen daughter files an application for you to become an immigrant.)
There is a great guide on filing for AOS including the I-130 petition you will need in the second link
I would also recommend that you do seek legal counsel to ensure that you are taking the route best suited for you once ALL circumstances have been taken under consideration. There are lawyers whereby a first consult is free. It does not necessarily mean that you will have to use a lawyer for the process, only it would pay to at least have a consult.
All the best.
2007-02-23 15:54:05 · answer #2 · answered by aussiewenchupover 4 · 0⤊ 0⤋
I think you can stay here and get a lawyer and try to have them change the adjustment of status. If that is not possible then you will need to file a K3 visa. K3 visa's are taking 7 and half months after you file to be approved and then after that he will have an interview in Juarez and if it is approved there then it will take 8-12 months from there. Good Luck
2007-02-23 14:57:02 · answer #3 · answered by Latintweety 3 · 0⤊ 0⤋
Good luck to you. I wish people would just stop trying to evade the legal way of coming here and staying here. I hate it when they then start crying and moaning about how hard it is because they screwed themselves by not following protocol in the first place. Sheesh!
2007-02-23 21:00:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, he will and right now many judges in Juarez are giving people 10 years before they can enter again, the minimum amount of time he will have to go back is 6 months...so you are taking your chances!! Good luck to you both!
2007-02-23 14:45:27 · answer #5 · answered by Carol R 7 · 3⤊ 1⤋
He violated immigration laws, I believe there may be a process in the U.S if he married a U.S. citizen. Probably a long process. Good luck!
2007-02-23 15:33:10 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Yes and he needs to go back to Mexico and come here legally.
2007-02-23 14:48:47 · answer #7 · answered by Anonymous · 2⤊ 1⤋
Yes, and as the previous answerer stated, the waiting period can be quite lengthy.
2007-02-23 14:47:50 · answer #8 · answered by Anonymous · 2⤊ 0⤋
He doesnt have to go back...the immigration reform is on its way and soon he will be a legal resident :D
2007-02-23 14:49:07 · answer #9 · answered by Anonymous · 1⤊ 2⤋