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illegal entry and fiancee visa?

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Filed: Country: Mexico
Timeline

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!

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Filed: Citizen (apr) Country: Brazil
Timeline
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.


11/2004 - Met in Brazil

09/2006 - Apply for K1

03/2007 - K1 approved

04/2007 - Apply for AOS & EAD

07/2007 - EAD approved

01/2008 - Conditional Residency approved

11/2009 - Apply to remove conditions

02/2010 - Permanent Residency approved

11/2010 - Apply for Citizenship

03/2011 - Citizenship approved

07/2011 - Moved back to Brazil

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Filed: Country: Mexico
Timeline
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?

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Filed: IR-1/CR-1 Visa Country: Germany
Timeline
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!

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.

Edited by przy

blackribbonsmall.png

I-130 Petition

Service Center : California Service Center

Consulate : Frankfurt, Germany

Married in Germany : 10-19-2007

I-130 Sent : 01-03-2008

I-130 NOA1 : 02-07-2008

I-130 NOA2 : 04-28-2008

NVC Case Number Assigned : 05-02-2008

DS-3032 and AOS Fee Received from NVC: 05-17-2008

DS-3032 Choice of Agent Emailed to NVC: 05-17-2008

AOS Fee Paid Online: 05-19-2008 (PAID 05-20-2008)

AOS Sent To NVC: 05-27-2008 (Coversheet printed online)

DS-3032 accepted by NVC: 05-27-2008

I-864 Arrived at NVC: 05-28-2008

I-864 Entered into NVC System: 06-02-2008

IV Bill Received: 06-02-2008

IV Bill Paid: 06-03-2008

DS-230 sent to NVC via USPS Express Mail: 06-26-2008

DS-230 arrived at the NVC: 06-27-2008

DS-230 entered into system: 06-30-2008

Case Completed at NVC: 07-07-2008

Case Left the NVC for Frankfurt, Germany: 07-15-2008

Case Received at the Consulate: 07-17-2008

Interview Letter Received: 07-25-2008

Medical Appointment in Hamburg, Germany: 08-04-2008

Interview in Frankfurt, Germany at 8:00am: 08-13-2008 - APPROVED - VISA GRANTED

Visa Received in the Mail: 08-15-2008

Flight to the USA: 09-26-2008 (POE - LAX @ 3:40pm)

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Filed: Country: Mexico
Timeline
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!

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?

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Filed: AOS (pnd) Country: New Zealand
Timeline

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


timeline.jpg

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Filed: K-1 Visa Country: Hungary
Timeline

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


Our Relationship

(09-27-06)Met in Hungary

(11-25-06)Fell in Love

(11-24-07)Met again in Hungary

(02-19-08)Met again in Hungary

K1 Visa Petition

(09-27-07)Preparing to send K1 Petition

(12-03-07)K1 Petition Sent US Postal Service

(12-11-07)Received NOA 1

(12-28-07)Touched

(03-11-08)Recieved NOA 2

(03-21-08)Recieved at NVC

(03-27-08)Sent from NVC

(04-02-08)Received Packet 3

(04-27-08)Medical Completed

(05-15-08)Received Packet 4

(05-29-08)Interview Date

(05-29-08)Visa given 40 mins after approval

(06-02-08)Arrival at the JFK and EAD given

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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!

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


Our Story so far...

K-1

7/26/07- I-129F sent to CSC

8/02/07- NOA 1

12/13/07- NOA 2

2/12/08- Interview in Rio- APPROVED!

2/15/08- Visa Received

2/18/08- US Entry

2/20/08- Wedding Day

AOS

3/04/08- AOS, EAD and AP mailed

4/07/08- RFE

4/11/08- AOS, EAD and AP re-mailed

4/18/08- NOA's received

5/06/08- Biometrics Appt

6/14/08- AP approved

6/17/08- EAD approved

11/07/08- Greencard Approved!

11/22/08- Greencard Received

Gabriel was born on January 12, 2010!

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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!

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.

Edited by john_and_marlene

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

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.

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Filed: K-1 Visa Country: Ecuador
Timeline

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.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
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.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

. . .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.

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Filed: Citizen (apr) Country: Brazil
Timeline
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.

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


* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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Filed: Country: Mexico
Timeline
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.

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.

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