My fiancee entered the USA illegally in 2006 from mexico with a friend of his who spoke english and had previously been deported from the USA. well his friend was caught and sent to prison a month after they arrived... My fiancee stayed for a few months more waiting on his friend... so after a few months he went home to mexico. ... Turns out I was pregnant so I called him in Mexico to let him know and we held a long distance relationship. our son was born february 2007 and after the baby was born he crossed illegally to be with the baby and me... we wanted to get married and have our family here. turns out its not as simple as just getting married SO MY QUESTION IS THIS: If I send him back home to mexico again... we are thinking within this month... and apply for the fiancee visa and do everything the legit way (b/c we dont want any problems and we actually want another baby) will there be any problems because his previous entry method was illegal??? of should we get married here and file for everything here? I just think him going back home will be our best bet since the government isint in love with mexicans right now. whats the best thing to do. we really dont want to be apart for wery long.. please HELP!

You'll probably need a waiver - you may want to check out that forum.

Do I need a waver id i send him back home? or if he stays and we do the papers?

Definitely are going to need the waiver if you file within the USA.

The government doesn't mind Mexicans or any other culture here, it's the illegals (from any country) that they have a problem with.

I wish you luck with whatever you pursue.

then would the best bet be for allof us to0 go to mexico, get married there and then do the papers there?

Either way you're going to have issues. You will need to file the I 601 waiver after he is denied and, although the odds are eventually he'll get approved, it can take quite a bit of time and money. If he's been here illegally for a year he's already incurred a 10 year ban.

Do a google search of marrying an illegal and you'll find quite a bit of information.

You should find a reputable lawyer (do your research!) who is familiar with such cases to help you out. Many times immigration lawyers will offer you a free consulatation. Just remember that the law degree does not make them all knowing. Immigration is a slippery slope and if they are not familiar with this they can do you more harm than good.

As a side note.. it's pretty easy to track an IP address and the last thing you need is your SO being deported so i'd be careful what you post online.

best of luck

With current issues concerning illegal immigration you will for sure need a lawyer.

My opinion is to keep him here and get an attorney.

With an illegal entry, there is no path to adjustment of status--no way to become legal without leaving the U.S. and coming back legally.

Overstays after a legal entry and working without permission are forgiven for AOS when married to a USC, but EWI (entry without inspection) is not forgiven. There is no waiver that would allow adjustment of status when the current entry to the U.S. was EWI.

USAMEX do not leave the United States without talking to a QUALIFIED immigration attorney.

How long was he here the first time he EWI'd? If he was here less than one year, left, then EWI'd again, this is what you want to do:

1. If you get married here, file an I-130 for your spouse; if you want to do it as fiance, file an I-129F

2. The application will go through the USCIS, then NVC (National Visa Center), then your file will be sent to CDJ, Mexico US Consulate.

3. He will leave the U.S. just before the interview to get the medical done in CDJ. At the interview he will be denied and required to file a form I-601 which is a hardship waiver. You will have to prove that it would be Extreme Hardship to You, the USC, if he is not allowed to return to the U.S.

Right now there is a pilot program going on ONLY IN MEXICO, wherein you get to file the 601 and have it adjudicated on the spot in a matter of weeks.

The best site for more information is immigrate2us.net; there is a special section dedicated just to I-601 Waivers and especially for Mexico.

I would still say that you should do a consultation before you make any decisions; just don't let him leave the country until you are SURE he is eligible for the waiver.

I have a question... has he ever been caught or been deported? Is there any record of him coming into the USA? If ther is not then you do not need a waiver. You just simply have him leave the country and carry on with the normal process of the Fiance visa.

What you are proposing is illegal and is fraud! This carries a penalty of jail time, fines and a permanent bar from the U.S.

. . .not to mention, how is she to explain having had a baby with her fiance if he's never been to the U.S. and she can't prove that she's been visiting him in Mexico?

More fraud?

How were they supposed to have met? How does she explain all of the pictures she's going to have to use for proof? You know, the ones they took together in the United States?

Don't advise people to break the law.

correct and it is a violation of tos:

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

vj terms of service

We dont want to break the law or anything... we want to go about this in a very legal manner. no he has never been deported. and we dont want to make the process more difficult than it needs to be. we are planning to have more children and we decided that it would be best for us as a family if he were here with all of the necesary documents ... it would personally bring me peace of mind and benifit the family as a whole.... anyone else know anything about this pilot program for wavers in juares? by the way thanks so much for the good information.

You can find more information on the pilot program in Juarez on immigrate2us.net. There is a section there dedicated totally to the I-601 process in CDJ.