Where do I begin?

[TONY M 0]

Hi There, I just signed up today at the request of a Co-worker because I have a current situation that I need help with. First and foremost, thank you for those who make this site possible and for all of the people who post their information to help people like me. I truly appreciate a site like this!!

My Dilema: I am currently in a long term relationship with a Honduran Native who is here in the US Ilegally. I want to help get her Citizenship here in the US so that she doesnt end up being deported back to her country (I also think that being deported will make it even more difficult to bring her back here)

With all of the forms and technical info and abreviations, I cant seem to sort out the information to begin my Journey.

I did poke around the site some and found some helpful information (thank you) but im still confused by the process and it seems like allot needs to be prepared beforehand.

Can anyone guide me on how to start the process and what needs to take place? I know she will have to return to Honduras and apply for a Visa and I will have to sponsor her from the US to have her come here on a Fiance Visa but I dont want to run into any issues because I left out any steps.

Im looking forward to starting the process before tougher Immigration laws pass through Congress.

Thank you all in advanced for your help!

Tony

[TracyTN 237]

First and foremost, you cannot get her citizenship - at least not right away. You'd have to be married to her and she would have to be living here for 3 years as a green card holder (legal permanent resident, or LPR) before she could apply for citizenship. You can't skip the LPR step and automatically become a citizen.

We need a little more information before knowing where to start and what your options might be. How did she enter the US? On a visa - which she has subsequently overstayed, or without inspection? How long has she been here illegally - in other words, if she was here on a visa, when did it (or her I 94) expire?

[TONY M 0]

First and foremost, you cannot get her citizenship - at least not right away. You'd have to be married to her and she would have to be living here for 3 years as a green card holder (legal permanent resident, or LPR) before she could apply for citizenship. You can't skip the LPR step and automatically become a citizen.

We need a little more information before knowing where to start and what your options might be. How did she enter the US? On a visa - which she has subsequently overstayed, or without inspection? How long has she been here illegally - in other words, if she was here on a visa, when did it (or her I 94) expire?

Thank you for your post.

My Girlfriend is here without inspection. She has no visa, no paperwork and nothing to support her stay here in the US. She has been here for 10 years. I want to know what I need to do to begin the process of getting here here Legally. If we file a Fiance Visa, what proof needs to be submitted, and how does that process work? Could I marry her here? Would I have to marry her in Honduras? Im confused so im sorry if I seem to run in circles.

Thanks again!

[TracyTN 237]

Unfortunately, her long period of illegal presence complicates matters quite a bit. Being here that long means that she will face a 10 year ban from the US.

The only way to overcome that is, once you have applied for the K1 visa at the consulate and are subesquently denied (due to her overstay), to file a 601 waiver. The only problem with that is getting the waiver approved. You must prove extreme hardship to you - the US citizen - if the alien is not granted a visa. This isn't something I'd go alone - I would seek the help of an experienced immigration attorney to navigate those waters. Also, this other forum may help you - a lot of folks there are going through the same thing.

http://immigrate2us.net/forum/forum.php

Read the K1 guide to understand the visa itself - but mainly, it is designed so that the two of you would marry here. If you wish to marry elsewhere, then a spousal visa is the way to go. However, you'll still have the ban/waiver process to endure.

http://www.visajourney.com/content/k1guide

[pushbrk 12,092]

Unfortunately, her long period of illegal presence complicates matters quite a bit. Being here that long means that she will face a 10 year ban from the US.

The only way to overcome that is, once you have applied for the K1 visa at the consulate and are subesquently denied (due to her overstay), to file a 601 waiver. The only problem with that is getting the waiver approved. You must prove extreme hardship to you - the US citizen - if the alien is not granted a visa. This isn't something I'd go alone - I would seek the help of an experienced immigration attorney to navigate those waters. Also, this other forum may help you - a lot of folks there are going through the same thing.

http://immigrate2us.net/forum/forum.php

Read the K1 guide to understand the visa itself - but mainly, it is designed so that the two of you would marry here. If you wish to marry elsewhere, then a spousal visa is the way to go. However, you'll still have the ban/waiver process to endure.

http://www.visajourney.com/content/k1guide

Correct but one issue needs to be very clear. To apply for a visa that will be denied, the foreigner leaves the USA to get a medical and visa interview in Tegucigalpa and there is no assurance she will ever be allowed to return to the USA. The OP cannot "get her papers" from within the USA. She has to leave at some point in the process.

[TONY M 0]

Unfortunately, her long period of illegal presence complicates matters quite a bit. Being here that long means that she will face a 10 year ban from the US.

The only way to overcome that is, once you have applied for the K1 visa at the consulate and are subesquently denied (due to her overstay), to file a 601 waiver. The only problem with that is getting the waiver approved. You must prove extreme hardship to you - the US citizen - if the alien is not granted a visa. This isn't something I'd go alone - I would seek the help of an experienced immigration attorney to navigate those waters. Also, this other forum may help you - a lot of folks there are going through the same thing.

http://immigrate2us.net/forum/forum.php

Read the K1 guide to understand the visa itself - but mainly, it is designed so that the two of you would marry here. If you wish to marry elsewhere, then a spousal visa is the way to go. However, you'll still have the ban/waiver process to endure.

http://www.visajourney.com/content/k1guide

Wow, thats a tough pill to Swallow! My next question is, how would Honduras or the US know she was here for 10 years if they have no record of her ever coming into the US or leaving Honduras? She claims to have a passort (im not sure if its legit or not or for which country) but couldnt she go back to Honduras and then begin the process as if she was living there the entire time?

[TracyTN 237]

Correct but one issue needs to be very clear. To apply for a visa that will be denied, the foreigner leaves the USA to get a medical and visa interview in Tegucigalpa and there is no assurance she will ever be allowed to return to the USA. The OP cannot "get her papers" from within the USA. She has to leave at some point in the process.

Yes, I should have been more specific about that (I probably wrongly assumed I had implied that by mentioning the consulate).

To the OP: it is quite the pill to swallow, but unfortunately, this is what happens for those who choose to enter illegally. If you're suggesting that you have her lie (or you lie) on any of these forms, then I suggest you think long and hard about that. That would be a material misrepresentation, which has a WAY harsher penalty than this ban ever could.

[TONY M 0]

Well im definately not looking to lie on any forms, and I want to follow the rules and guidlines to the "T" but im not sure how either the US or Honduras will know she has been in the US for 10 Years. Im thinking that if she goes back to her country, we can then begin the process of filing the necessary forms to bring her to the US legally....wether it be a Fiance Visa, or I go to Honduras on a Passport and Marry her there then petition to bring her here on a Spouse visa. I suppose I couldnt marry her here with her current Illegal status....

[TracyTN 237]

Believe me, this has been contemplated, tried and been an epic fail. It doesn't seem like there'd be anyway they'd know, but obviously they do. If not, others would have succeeded at it instead of failing.

Edited to add - if you were to try it and get caught, it would be a LIFETIME ban. If you're willing to risk that, then I guess no one here can stop you.

Edited June 17, 2010 by TracyTN

[LIFE'SJOURNEY 970]

Question, in those 10 years have you ever been to Honduras? How will you explain to the US gov how you'll started and maintained youur relationship if you cannot show passport proof that you have been to Honduras.

If you lie and say you'll meet in another country, wiil the two of you be able to show proof that you were in the same place on the same date at the same time.

Have your SO ever signed any documents; leasing or renting a place, asking for any type of aid or bank statements, or credit card statements even an job application for a job she didn't get.

I can't belive that your SO has resided in the US and never applied or attempted to sign any documents that could show that she has been in the US for the last 10 years. Believe me, it's out there, and it will show up when you least expect it to.

Edited June 17, 2010 by LIFE'SJOURNEY

[LIFE'SJOURNEY 970]

Tony under what name would she buy the plane ticket under to leave the US. You must show ID at the airport to obtain your ticket and to board the plane.

[TONY M 0]

Ummpphhhh! Ummm I dont really know what to do next. The thought of waiting ten years to bring her back to the US is VERY frightening....and not to mention discouraging, which leads me to believe that if the immigration process wasnt so full of red tape and fear of not being granted a visa, then more people would probably go the legal route than to enter Illegally.

Im going to have to do allot of reading and homework on the matter.

I should note that my Girlfriends sister came here to the US in the same manner, but not sure how long ago? and was able to marry a US Citizen here, but has to apply for a permit? every year to stay in the US. Im probably missing some information about the sisters status, but in a nutshell thats what I was told.

And absolutely not, I dont want a lifetime ban I just want to live happily ever after like everyone else.

Thanks everyone for all of the information so far. Im going to seek the help of an Immigration Lawyer and see what the best route will be to go in this matter.

I also read here that I can go to Honduras and become a Citizen there after 6 months to which then I can go through the DCF process. Would that be an option for me as well?

To add onto this post....im sure there is evidence here in the US that shes been here, and as for the flight home, im not sure what type of passport, Legal or illegal, she has, nor what name she would assume to board a plane. Very good questions and ones that I havent thought of...and I sure know that things pop up when you least expect, which is why I am here asking questions. Thanks again everyone!!

Edited June 17, 2010 by TONY M

[pushbrk 12,092]

Well im definately not looking to lie on any forms, and I want to follow the rules and guidlines to the "T" but im not sure how either the US or Honduras will know she has been in the US for 10 Years. Im thinking that if she goes back to her country, we can then begin the process of filing the necessary forms to bring her to the US legally....wether it be a Fiance Visa, or I go to Honduras on a Passport and Marry her there then petition to bring her here on a Spouse visa. I suppose I couldnt marry her here with her current Illegal status....

Your statements above conflict. They would know because you were both truthful in filling out the necessary forms to begin the process. Only if you lie would there need to be any other way for them to know. The forms ask where she's been the last five years. To leave the USA any by air or sea, she'll need a valid passport, so there will be a record of her leaving unless she travels overland illegally entering both Mexico and Guatemala before presenting herself at the border of Honduras, essentially retracing the steps of her illegal entries to Guatemala, Mexico and the USA.

Your question itself indicates you contemplate illegal activity.

The legal way is to file the papers truthfully, have her obtain a Honduran passport through a Honduran Consulate in the USA (unless she already has one) and then at the appropriate time she goes home an takes her medicine with the understanding she may never be allowed to return.

[Matt&Kaci 3]

Ummpphhhh! Ummm I dont really know what to do next. The thought of waiting ten years to bring her back to the US is VERY frightening....and not to mention discouraging, which leads me to believe that if the immigration process wasnt so full of red tape and fear of not being granted a visa, then more people would probably go the legal route than to enter Illegally.

Im going to have to do allot of reading and homework on the matter.

I should note that my Girlfriends sister came here to the US in the same manner, but not sure how long ago? and was able to marry a US Citizen here, but has to apply for a permit? every year to stay in the US. Im probably missing some information about the sisters status, but in a nutshell thats what I was told.

And absolutely not, I dont want a lifetime ban I just want to live happily ever after like everyone else.

Thanks everyone for all of the information so far. Im going to seek the help of an Immigration Lawyer and see what the best route will be to go in this matter.

I also read here that I can go to Honduras and become a Citizen there after 6 months to which then I can go through the DCF process. Would that be an option for me as well?

Im extremely sorry for your situation. I honestly don't have any advise to give, I am still learning much from everyone else. However, I do know one thing be truthful and honest, you don't want any lie's coming back to bit you in the kisser or haunt the rest of your life. Good luck and I hope all works out for you.

[TONY M 0]

Your statements above conflict. They would know because you were both truthful in filling out the necessary forms to begin the process. Only if you lie would there need to be any other way for them to know. The forms ask where she's been the last five years. To leave the USA any by air or sea, she'll need a valid passport, so there will be a record of her leaving unless she travels overland illegally entering both Mexico and Guatemala before presenting herself at the border of Honduras, essentially retracing the steps of her illegal entries to Guatemala, Mexico and the USA.

Your question itself indicates you contemplate illegal activity.

The legal way is to file the papers truthfully, have her obtain a Honduran passport through a Honduran Consulate in the USA (unless she already has one) and then at the appropriate time she goes home an takes her medicine with the understanding she may never be allowed to return.

Well Id hate to admit that im looking to "Contemplate illegal activity" but Id like to think more along the lines of Dont ask dont tell. But if its going to result in a Permanant ban then im obviously not willing to take that risk. Like previously mentioned, im going to have to do allot of reading and homework and consult with an Immigration lawyer to find out what steps I should take given my situation.