If she was fingerprinted while attempting to cross.....

[drewdnb 0]

I met a beautiful Mexican girl whom I am deeply in love with. She recently returned to Mexico to be with her dying grandfather. She was here(in America) for 2 years illegally. While crossing the border she was arrested and fingerprinted. For some reason they let her pass. We would like to get married, but she wants to do things the right way this time. I have been told many things about this. If I go to Mexico and marry her, can she come back legally as my wife? Will she need to go through the application process and will the fact that she was here before illegally and got fingerprinted prevent her from becoming a resident and eventually a citizen?

any and all help in this matter will be greatly appreciated..............It's good to know there is a forum out there where people can talk about such things.............Drew

[w¡n9Nµ7 §£@¥€r 123]

Here's what is gonna happen. You're going to apply the 'normal' way. Then, if USCIS is aware of, or becomes aware of, her illegal stay in the US, you may be required to file a waiver. For more information on waivers, you should check out the Waivers (I-601 and I-212) and Administrative Processes (221g) forum.

[iceyspots 0]

ditto that.

[Kez/JWolf 6]

From what you say she is in the US.... after you are married you can file for AOS and I-130 http://www.visajourney.com/forums/index.ph...page=i130guide2

follow the instructions there....

If she is not in the US the you would need to file for a K1

Kezzie

[Traviesa 0]

Wait, did she cross one time or two times?

And, what Kezzie says is incorrect because of her 2 years of illegal presence...it will require a Waiver (as long as she hasn't come twice, in which case no Waiver is available) for the automatic 10 year ban applied.

[Kez/JWolf 6]

If she has been lawfully addmitted to the US then she can do AOS regardless of her status before... she just cant leave untill she has her greencard....

Kezzie

[Traviesa 0]

She has not been lawfully admitted. He said she was here illegally, arrested, and fingerprinted.

[Fandango 1,439]

Hoo Lawdy!

[drewdnb 0]

the first time she crossed........she was arrested, and fingerprinted. They let her enter anyway???? she lived here for 2 years illegally and went back home 2 months ago..........now we want to get married.........I was thinking of flying down and marrying her because a frind did the same 20 years ago with his wife............she came back as his wife and is here legally...........but she did'nt have to go through the 2-8 year application process.............

[iceyspots 0]

Miss, but they finger printed her and let her in? It just doesnt make sense..

[drewdnb 0]

Miss, but they finger printed her and let her in? It just doesnt make sense..

it sounded weird to me............but it happened........someone told her it would take 5years before she could reenter legally..........that is, before her printd would be purged??????????

Edited May 14, 2006 by drewdnb

[Traviesa 0]

Drew, I can tell you know about as much about the process as I did when I came to this site (not much, lol)...so I'll give you the summary of things to help you out.

The best thing for you to do will be to NOT marry yet, and apply for the K-1 Visa.

You start by filing the I-129F petition at whichever Service Center applies to where you live. This involves filling out forms, proving you've met in the last 2 years, and a few other things. Once that's approved, the Service Center sends the file to the National Visa Center. It only stays there for a very short time (like a week) and then it is sent to the Consulate at Ciudad Juarez, Mexico. (By the way, your fiancee will need to return to Mexico and STAY there throughout this process-whatever you do, DON'T let her cross over again illegally). Once it reaches the Consulate, they will send you what's known as Packet 3. You fill out the forms, then your fiancee travels to Ciudad Juarez for her interview (she can come as soon as she's ready). She will need to undergo a medical exam, then an interview at the Consulate, where she will be told she is denied for illegal presence greater than 1 year. That's when you file the I-601 Waiver. This is a form you have to fill out PLUS a hardship letter, detailing what hardships you, as the US Citizen, would face if your fiancee were not allowed back to the US. Every hardship should be backed up by documental evidence (such as a doctor's letter for medical conditions, etc). From that point, it takes about 4-5 months to get approved (she will have to stay in Mexico the whole time). You will receive a letter saying it is approved and a short time later, you will receive a second interview date (usually about 2 months after approval). That's when she can go back to Ciudad Juarez and pick up the Visa.

Now, if she has spent greater than a year in the US illegally, then left and returned, she is ineligible to receive a Visa for a period of 10 years from the date she last left the US.

Miss, but they finger printed her and let her in? It just doesnt make sense..

It's probably the good old, catch and release. They didn't "let her in." They simply let her go, because they don't have the resources to detain all of them. She just happened to make it across from that point without getting caught again.

[drewdnb 0]

Drew, I can tell you know about as much about the process as I did when I came to this site (not much, lol)...so I'll give you the summary of things to help you out.

The best thing for you to do will be to NOT marry yet, and apply for the K-1 Visa.

You start by filing the I-129F petition at whichever Service Center applies to where you live. This involves filling out forms, proving you've met in the last 2 years, and a few other things. Once that's approved, the Service Center sends the file to the National Visa Center. It only stays there for a very short time (like a week) and then it is sent to the Consulate at Ciudad Juarez, Mexico. (By the way, your fiancee will need to return to Mexico and STAY there throughout this process-whatever you do, DON'T let her cross over again illegally). Once it reaches the Consulate, they will send you what's known as Packet 3. You fill out the forms, then your fiancee travels to Ciudad Juarez for her interview (she can come as soon as she's ready). She will need to undergo a medical exam, then an interview at the Consulate, where she will be told she is denied for illegal presence greater than 1 year. That's when you file the I-601 Waiver. This is a form you have to fill out PLUS a hardship letter, detailing what hardships you, as the US Citizen, would face if your fiancee were not allowed back to the US. Every hardship should be backed up by documental evidence (such as a doctor's letter for medical conditions, etc). From that point, it takes about 4-5 months to get approved (she will have to stay in Mexico the whole time). You will receive a letter saying it is approved and a short time later, you will receive a second interview date (usually about 2 months after approval). That's when she can go back to Ciudad Juarez and pick up the Visa.

Now, if she has spent greater than a year in the US illegally, then left and returned, she is ineligible to receive a Visa for a period of 10 years from the date she last left the US.

so, am i to assume that the only reason she can come back legally is if it causes she or i hardships???? i'm confused...........please excuse my ignorance, you are absolutely correct about my knowlwedge in these matters....:~)

[Kez/JWolf 6]

If she is already in the States I would go and talk to a good immigration lawyer before you do anything and before she leaves the States....

Kezzie

[drewdnb 0]

If she is already in the States I would go and talk to a good immigration lawyer before you do anything and before she leaves the States....

Kezzie

she went back 2 months ago..........