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

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: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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: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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: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

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You can file for him as a fiancée 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 Fiancée visa would not work for her/him.

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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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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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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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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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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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