Get married before or after deportation?

[Bruce65 0]

As a native U.S. citizen living in the U.S, I never realized how complicated our immigration system really is. I have a friend from Mexico who was working as a waiter in a Mexican restaurant. He was entrapped for selling a beer to a minor. The year 1989 on the undercover cop's driver's licence was scratched out to make it look like 1984. He was arrested and immigration was notified that he was not here legally. He has no other criminal record. The charge of selling a beer to a minor was dropped without ever going to trial. He is still in the US out on bond living with his US citizen girlfriend while awaiting his deportation hearing. After the arrest, he and his girlfriend got a US marriage license to see if it might help his case, but after talking to some lawyers decided not to go through with the marriage. Was this good legal advice? Would it be better to get married now and try to come back as a K3, or come back under K1 and then get married? How long does he have to wait in Mexico before applying to return to the US legally?

[GueraKristina 1]

Im not that sure, but bruce, there is a site, SPECIFICALLY FOR MEXICANS HERE ILLEGALLY, its a forum, like this site, free, and very helpful, here is the link, i recommend you check it out, b/c the informtion is more specific and i think you will get the information faster. The women on the site have had to deal with similar situations, and are very helpful. I am also a member of the site, here it is, and good luck, let me know if you have any questions. Mexico specific forum

[payxibka 10,048]

a marriage while deportation proceedings are pending will not stop the deportation process....

[Bobby+Umit 161]

As a native U.S. citizen living in the U.S, I never realized how complicated our immigration system really is. I have a friend from Mexico who was working as a waiter in a Mexican restaurant. He was entrapped for selling a beer to a minor. The year 1989 on the undercover cop's driver's licence was scratched out to make it look like 1984. He was arrested and immigration was notified that he was not here legally. He has no other criminal record. The charge of selling a beer to a minor was dropped without ever going to trial. He is still in the US out on bond living with his US citizen girlfriend while awaiting his deportation hearing. After the arrest, he and his girlfriend got a US marriage license to see if it might help his case, but after talking to some lawyers decided not to go through with the marriage. Was this good legal advice? Would it be better to get married now and try to come back as a K3, or come back under K1 and then get married? How long does he have to wait in Mexico before applying to return to the US legally?

The charge is immaterial. The biggest factor is the status of being here illegally.

That will stop any visa from being available, unless waivers are granted.

Marriage, as pointed out by the lawyers and above, will not stop this. In fact, if the marriage is being used to avoid immigration law, it could result in more problems, for him and the USC.

Depending on how long he has been here illegally, that will fix how long before he can return to the US. Classes of Aliens Ineligible to receive visa

[Gary and Alla 3,696]

a marriage while deportation proceedings are pending will not stop the deportation process....

Correct, and depending on final adjudication, he will likely be barred for any type of visa and a marriage that appears to be an attempt to circumvent immigration law will be visa fraud and get both parties in big trouble, hence the attorneys advice. Your friend will be going back to Mexico soon. Whether he will ever be able to enter into the USA legally is to be determined.

[Bruce65 0]

a marriage while deportation proceedings are pending will not stop the deportation process....

Correct, and depending on final adjudication, he will likely be barred for any type of visa and a marriage that appears to be an attempt to circumvent immigration law will be visa fraud and get both parties in big trouble, hence the attorneys advice. Your friend will be going back to Mexico soon. Whether he will ever be able to enter into the USA legally is to be determined.

He was told it could be a year before his hearing. He has had no other contact with immigration prior to this incident, no criminal record, paid US income taxes, and is reporting with immigration every two weeks as required. Is there a chance the immigration judge would grant voluntary departure? If he is granted voluntary departure and checks in with the US consulate in Mexico as required, could he be eligible to return to the USA legally? They could wait to get married until after he was back in Mexico.

[Marina-Del 10]

At this point I don't think that any one here will be able to answer your question. If I understand correctly, it depends on what happens at his deportation case. However, I was under the impression that it did not matter if the illegal party left voluntarily or was forced out, they still receive a bar from entering the US (I think it is either 3, 5, or 10 year bar depending on the amount of time they were there illegally). I remember a case just recently where the foreign person was caught living illegally and then left voluntarily but he still received the bar. At the case he should be told what he has and he will also be informed if it is possible for him to receive a waiver. However, it is also my understanding that waives for these sorts of things are very difficult to get! He would need to prove that his American girlfriend is seriously hindered by him not being in the US (ie. she is really sick and he is the absolute only person that can take care of her).

As a side note, I think it will be very difficult for him to come back into the US anytime soon. Even if he somehow doesn't receive a bar, the deportation will be on his record and USCIS will be very VERY suspicious of anyone trying to re-enter the US like this. They would need to have extensive evidence that he was not marrying her for a greencard and it is actually a bonafide relationship.

Check out the site that the first poster mentioned as I am sure you will get more concrete evidence there!

[payxibka 10,048]

a marriage while deportation proceedings are pending will not stop the deportation process....

Correct, and depending on final adjudication, he will likely be barred for any type of visa and a marriage that appears to be an attempt to circumvent immigration law will be visa fraud and get both parties in big trouble, hence the attorneys advice. Your friend will be going back to Mexico soon. Whether he will ever be able to enter into the USA legally is to be determined.

He was told it could be a year before his hearing. He has had no other contact with immigration prior to this incident, no criminal record, paid US income taxes, and is reporting with immigration every two weeks as required. Is there a chance the immigration judge would grant voluntary departure? If he is granted voluntary departure and checks in with the US consulate in Mexico as required, could he be eligible to return to the USA legally? They could wait to get married until after he was back in Mexico.

Once he departs he could someday be eligible to return after having "served" out his re-entry ban or received a "waiver" to inadmissibility ...