We've been together for 2 years and now we want to get married. He is here in the US without papers and I would like to get him some. If we have to go to mexico we will. Can somebody help us out with what to do?
2007-04-19 09:23:52 · 8 answers · asked by Anonymous in Politics & Government ➔ Immigration
First of all, disregard the baby talk. Having a child who is a U.S. citizen can help you immigrate ONLY if your child is an adult and earns more than 125% of poverty-level income for the family size that includes you. Having a baby in the U.S. does not entitle you to anything, other than having to file a form with the U.S. government when you leave the country to tell them you are taking your little U.S. citizen with you.
You need a competent attorney. Every case is different, and details can make or break a case. Did he enter the country legally? Do you earn more than 125% of poverty-level income for a family of two in your area? These are only two of the many questions you will need to discuss with your attorney...
There are several avenues that may be possible, but only an experienced attorney can tell you which one is best to pursue in your particular circumstances:
(1) You get married in the U.S. and then you sponsor your husband for a green card.
(2) Your fiance returns to his home country, you sponsor him for a fiance visa, he enters the U.S. legally, you get married within 90 days from his arrival.
(3) You get married abroad, and you sponsor your husband for a spouse visa at the U.S. consulate in the country where you were married.
Route (1) is probably the easiest in that you don't have to go anywhere or be separated from one another, but it is way more likely to work if your fiance entered the U.S. legally, even if his visa has subsequently expired. Route (2) is probably the riskiest and entails temporary separation, but it is not as expensive as route (3), whereby both of you have to travel abroad and stay there during visa processing.
Your attorney may suggest other avenues based on the particulars of your case and his/her experience with CIS officials in your area.
2007-04-19 10:26:26 · answer #1 · answered by NC 7 · 0⤊ 0⤋
The fact that he has been here illegal is making it harder for him. There are 2 options I would recommend.
1. get him a fiance visa K-1 (this is what i came on). The U.S. citizen needs to file a G-325, see below for the websites.
2. You could get married and file for a K-3 visa, for a foreign spouse.
In both cases, he needs to go back to Mexico.
You need to file a affidavit of support, showing you meet the poverty lines and make sure he doesn't become public charge ( in both cases).
The average filing time for me was 7 months for the K-1, but I'm from Europe.
From what I've heard, filing for K-1 is faster than a K-3.
There are quite some fees to be paid and soon they'll be tripled so if you want to do so, start before the fees rise.
In your case, I would recommend a immigration lawyer, because you fiance has been here illegal and that causes trouble.
After your K-1 visa has been approved, you need to get married within 90 days and than you can file for AOS (adjustment of status), that will make will get permanent residence.
Good luck.
2007-04-19 19:25:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
the process is lenghty, but it is something you can do by yourself if you have the time and committment. If you husband was never here legally he will probably have to go back home for the interview, but not necessarily to apply. There is something called a fiance visa(i think it used to be a K1, but the rules have changed), but there are a lot of restrictions to it. A friend of mine used it and then went to Greece for her honeymoon. It turned out you can't do that on a fiance visa and her husband almost got arrested when the boarded the plane to come back to the US. (and her dad was a judge so you think she would've known better)you should check them both and see which is better for your situation. you can go to the immigration website and there is an 800 # to call for help. you can get all the forms online or by phone for FREE. don't pay anyone for forms unless you are purely doing it for convenience. You don't have to go to the INS office, but if your case is not moving along you should check with your local congressman/woman and ask then for help in pursuing it. without them it will be a lot harder (even with them wasn't so easy). make sure when you are asking for info you get all the forms you will need. i went through this process in 1998 and the rules have changed a lot since then. good luck....
2007-04-19 17:35:45 · answer #3 · answered by M L 3 · 0⤊ 0⤋
I would contact a good immigration lawyer.
As of now, he may not be able to get anything because he's not here legally.
You can go to Mexico and he can apply for a fiancee visa. Check the gov't website on those.
2007-04-19 16:31:57 · answer #4 · answered by Waiting and Wishing 6 · 0⤊ 0⤋
You must file form I-129F "Petition for Alien Fiance" available at www.uscis.gov. The petition will take 6-9 months to be processed. Since your fiance is illegal he will have to return to Mexico to await approval. There is nothing stopping you from going with him and you can file the paperwork yourself without a lawyer.
2007-04-19 16:50:20 · answer #5 · answered by Double 709 5 · 0⤊ 0⤋
Have him go to the US Consulate in Mexico and apply for a K visa.
2007-04-19 19:28:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
both of you go to mexico and stay there for 50 years and then comback when a space alien is presedent
2007-04-19 21:30:58 · answer #7 · answered by silver1 1 · 0⤊ 1⤋
Marry him and have a baby...then go to INS.
2007-04-19 16:31:30 · answer #8 · answered by sweetdreams_0423 3 · 0⤊ 2⤋