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Boyfriend, also my daughters father..want to have him legaly here! HELP!

#1 nubezs

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Posted 28 February 2011 - 12:37 AM

:unsure: Hi, so i have just recently become a legal resident in October, thru my step-father and mother ( she being a green card holder). I have been with my boyfriend for 4 years and we have a 2 year old daughter. Now in the process of getting married, i would like to know if i can apply for my boyfriend with the i130. He came here illegaly when he was 17. He is now 25. Any thoughts? I'm thinking he will have to go back to Mexico. Is there a waiver, how long would this take?
Thank you! in advance. :help:
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#2 RICARDO4EVA2

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Posted 28 February 2011 - 12:45 AM

:unsure: Hi, so i have just recently become a legal resident in October, thru my step-father and mother ( she being a green card holder). I have been with my boyfriend for 4 years and we have a 2 year old daughter. Now in the process of getting married, i would like to know if i can apply for my boyfriend with the i130. He came here illegaly when he was 17. He is now 25. Any thoughts? I'm thinking he will have to go back to Mexico. Is there a waiver, how long would this take?
Thank you! in advance. :help:


Welcome to VJ.. i saw your post / message in the LPR spousal section.

You can can get married to your (now) boyfriend BUT know that you will NOT be able to help him to adjust his status here. He WILL be required to interview in mexico. If the Adjustment of Status packet is submitted it's a high chance of getting an interview which then he will be denied and could even go right into deportation proceedings. His illegal presence will not be forgiven because you are not a US Citizen - Sorry.

I'm not sure but I thought a waiver was only for US Citizens.
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Current cut off date F2A - MARCH 1, 2011

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved



"... Answer when you are called..."

#3 Boiler

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Posted 28 February 2011 - 12:46 AM

:unsure: Hi, so i have just recently become a legal resident in October, thru my step-father and mother ( she being a green card holder). I have been with my boyfriend for 4 years and we have a 2 year old daughter. Now in the process of getting married, i would like to know if i can apply for my boyfriend with the i130. He came here illegaly when he was 17. He is now 25. Any thoughts? I'm thinking he will have to go back to Mexico. Is there a waiver, how long would this take?
Thank you! in advance. :help:


www.immigrate2us.net

The site for this sort of situation.

You can file for him as a fiancée or a spouse. Sorry Spouse only, you have a GC.

You will need to file a I 601 waiver, you can see what is required on the site I mentioned.

Does he have any other 'issues'?

Edited by Boiler, 28 February 2011 - 12:47 AM.

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Nothing I say should in any way be construed as a breach of VJ TOS.

If you misread it that way, read again and do not put any spin on it.

#4 RICARDO4EVA2

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Posted 28 February 2011 - 12:48 AM

You can file for him as a fianc嶪 or a spouse.

You will need to file a I 601 waiver, you can see what is required on the site I mentioned.

Does he have any other 'issues'?


Hey Boiler I'm sure you know this. The poster is not a US Citizen and so a Fianc嶪 visa would not work for her/him.
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Current cut off date F2A - MARCH 1, 2011

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved



"... Answer when you are called..."

#5 Boiler

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Posted 28 February 2011 - 12:52 AM

Caught myself, had a brain seizure.

Going to be a bit if a wait until a visa number is available, plus point is that CDJ is by far the easiest consulate to go through for waivers.
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Nothing I say should in any way be construed as a breach of VJ TOS.

If you misread it that way, read again and do not put any spin on it.

#6 RICARDO4EVA2

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Posted 28 February 2011 - 12:53 AM

Caught myself, had a brain seizure.

Going to be a bit if a wait until a visa number is available, plus point is that CDJ is by far the easiest consulate to go through for waivers.


so i would know. can LPRs file the waivers.. or that is only reserved for US Citizens..?
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Current cut off date F2A - MARCH 1, 2011

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved



"... Answer when you are called..."

#7 Boiler

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Posted 28 February 2011 - 12:58 AM

Both , can be easier for a USC.

Big advantage here is that it is CDJ.
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Nothing I say should in any way be construed as a breach of VJ TOS.

If you misread it that way, read again and do not put any spin on it.

#8 Brother Hesekiel

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Posted 28 February 2011 - 03:28 PM

In 5 years, should you be a US citizen by then, you can file for AOS for your boyfriend, assuming you are married to him in 2016. He then could adjust status from within the US, would not have to leave the US and thus would not trigger the bar.
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There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

#9 aleful

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Posted 28 February 2011 - 03:35 PM

In 5 years, should you be a US citizen by then, you can file for AOS for your boyfriend, assuming you are married to him in 2016. He then could adjust status from within the US, would not have to leave the US and thus would not trigger the bar.


not true,

the OP says her boyfriend entered the counry EWI, so he will need to go to Juarez and file the waiver.
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#10 RICARDO4EVA2

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Posted 28 February 2011 - 04:08 PM

since he entered illegally he will be required to depart the usa and file the waiver there.
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Current cut off date F2A - MARCH 1, 2011

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved



"... Answer when you are called..."

#11 Kimchimex

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Posted 28 February 2011 - 06:39 PM

I have a question, If her boyfriend came into the USA legally (for example as a student on a valid student visa) and then over stayed, would he still need to go to Juarez or if marrying a USC would he be able to adjust his status here?
Just curious???
any have an answer to this?
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#12 Boiler

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Posted 28 February 2011 - 06:57 PM

He could adjust in country.
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Nothing I say should in any way be construed as a breach of VJ TOS.

If you misread it that way, read again and do not put any spin on it.

#13 Brother Hesekiel

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Posted 28 February 2011 - 07:00 PM

not true,

the OP says her boyfriend entered the counry EWI, so he will need to go to Juarez and file the waiver.



Darn!
Totally overlooked that. You are right, there is no way for the boyfriend to adjust status (which always happens from within the US) if he entered the US illegally (without a visa).
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There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915
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