Does anyone have experience with an illegal immigrant fiancee?

[AllisonB 0]

I have reqeusted appointments for two attorneys on the subject locally, but wondered if anyone here had either been in the situation or heard of a situation like mine? My fiancee is illegally in the US (never having been issued a visa) from Brazil. I have a marriage license, but we have not married.

[The Molinas 0]

how about he travels back to brazil and comes back on a visa... k1 visa for example...

[iceyspots 0]

how about he travels back to brazil and comes back on a visa... k1 visa for example...

Wouldn't his departure trigger a ban ?

[john_and_marlene 162]

I have reqeusted appointments for two attorneys on the subject locally, but wondered if anyone here had either been in the situation or heard of a situation like mine? My fiancee is illegally in the US (never having been issued a visa) from Brazil. I have a marriage license, but we have not married.

If she came into the U.S. without inspection there is no way for her to adjust status for residence.

how about he travels back to brazil and comes back on a visa... k1 visa for example...

Wouldn't his departure trigger a ban ?

Yes, but what option is there if they ever want legal residence?

[AllisonB 0]

My thought was that he would have to return to Brazil and I would file for him from the states. If I do that, though, I should not marry him here, correct? He is undocumented here and will return to Brazil that way, if need be.

[iceyspots 0]

I have reqeusted appointments for two attorneys on the subject locally, but wondered if anyone here had either been in the situation or heard of a situation like mine? My fiancee is illegally in the US (never having been issued a visa) from Brazil. I have a marriage license, but we have not married.

If she came into the U.S. without inspection there is no way for her to adjust status for residence.

how about he travels back to brazil and comes back on a visa... k1 visa for example...

Wouldn't his departure trigger a ban ?

Yes, but what option is there if they ever want legal residence?

good point.

My thought was that he would have to return to Brazil and I would file for him from the states. If I do that, though, I should not marry him here, correct? He is undocumented here and will return to Brazil that way, if need be.

I'm just curious why your profile thing says Mexico if he is brazilian.

[john_and_marlene 162]

My thought was that he would have to return to Brazil and I would file for him from the states. If I do that, though, I should not marry him here, correct? He is undocumented here and will return to Brazil that way, if need be.

You can marry here and then file for IR1/CR1 and optionally K-3 or you can wait and file K-1. Be prepared for an initial denial based on the ban and have a hardship waiver ready.

[The Molinas 0]

if he leaves the us he might get a ban...

but what if they get married and he stays? what if somebody finds out that he is an illegal immigrant...??? they will kick him/her out the country right?

[Kez/JWolf 6]

Did he sneak over the border or entry through a Point of Entry and just did not leave....

If he did sneak over the border then the best option is for him to return to his home country and for you to file for a K1 and a wavier to overcome any ban that will come form his illegal entry....

If he was addmitted to the USA and crossed a border point and just never went home there are other options available...

You do need to disscuss all of the options available with a good Immigraton Lawyer....

Kezzie

[AllisonB 0]

Thanks for the info guys.

He did not come through a point of entry. He was never admitted to this country.

My profile says mexico because when I initially signed up to this site, I was researching for a friend who, coincidently was in the same situation. Her fiancee went back to Mexico and things did work out with them.

Like I say, I am trying to line an attorney up, but am nervous and wanted to get opinions prior to that.

[Alex+R 0]

Has your boyfriend been caught? How did he enter--through Mexico?

[meauxna 15]

Allison,

Before you get confused with well meaning but incorrect ideas, go to this forum, which is the best gathering place for information *specific* to your type of special situation: http://www.immigrate2us.net/forum/viewforum.php?f=26

Upshot: be very clear about having a plan: when to marry, when he should leave etc and don't go filing papers or taking steps that can't be taken back until you *know* what you are doing.

It can probably be fixed, but it is not the normal K-1 scenario. Talk with the lawyer who frequents that group; she will give you a fair assesment of your situation. Good luck!

[kitkat1 5]

Allison,

Before you get confused with well meaning but incorrect ideas, go to this forum, which is the best gathering place for information *specific* to your type of special situation: http://www.immigrate2us.net/forum/viewforum.php?f=26

Upshot: be very clear about having a plan: when to marry, when he should leave etc and don't go filing papers or taking steps that can't be taken back until you *know* what you are doing.

It can probably be fixed, but it is not the normal K-1 scenario. Talk with the lawyer who frequents that group; she will give you a fair assesment of your situation. Good luck!

To add to Meauxna's sound advice - the attorney mentioned is on www.visacentral.net. Just by reading her page you'll get a better understanding of your options. Schedule a phone consulation with her so you can be very educated and informed before you do anything - you'll be much better off getting direction from someone like her, an immigration attorney very experienced in illegal entry, than from a forum filled well-meaning but ill-informed advice.

[Alex+R 0]

Yes, get serious legal help! I would like to add that my questions above were actually just out of curiosity and by no means should anyone infer that I was suggesting something illegal.

[AllisonB 0]

Thanks, guys!

That forum and site seem to have more info like I'm looking for.