where do we start??? can anybody help please

[sharpcar 4]

HI THERE THANK YOU FOR STOPPING TO HELP ON THIS ONE,A FREIND OF MINES HAS A GIRLFRIEND THAT ENTERED THE STATES ILLEAGALLY SHE HAS BEEN HERE I THINK FOR ABOUT 8-10 YEARS SHE HAD A CHILD THATS ABOT 7 YEARS OLD AMERICAN CITIZEN BORN HERE SHE SEPERATED FROM CHILDS DAD STAYED IN THE STATES AND MET MY BUDDY NOW THERE THINKING ABOUT GETTING MARRIED WHERE DO THEY START??WHAT CAN THEY DO ?? ANY INFO I GLADLY ACCEPTED AND HELPFUL THANK YOU

[Brother Hesekiel 2,235]

Somebody who entered the US without inspection (EWI) cannot adjust status--which always happens from within the US--to that of a Lawful Permanent Resident (LPR) because she has no status to adjust from, never had one. The only path to residency would be to leave the US at which time she will trigger a 10-year bar from returning. There is a waiver available for this, the I-601, but that's not do-it-yourself territory.

About 6 months before the bar has been served, her husband files an I-130 petition for her. That will set the wheels in motion and about 5 months later she will have an interview at the US Consulate General in Juarez. When all is said and done, she will receive an IR-1 visa to the US and enter as a LPR. She would receive her unrestricted 10-year Green Card in the mail about 7 to 12 days later.

However, unless she has a waiver, that will be in the year 2021 or later. I suggest to go to www.immigrate2us.net and post there. One of the most competent waiver attorneys, the amazing Laurel Scott, has a free weekly chat there.

Good luck.

Edited June 17, 2011 by Just Bob

[Sergi9 110]

HI THERE THANK YOU FOR STOPPING TO HELP ON THIS ONE,A FREIND OF MINES HAS A GIRLFRIEND THAT ENTERED THE STATES ILLEAGALLY SHE HAS BEEN HERE I THINK FOR ABOUT 8-10 YEARS SHE HAD A CHILD THATS ABOT 7 YEARS OLD AMERICAN CITIZEN BORN HERE SHE SEPERATED FROM CHILDS DAD STAYED IN THE STATES AND MET MY BUDDY NOW THERE THINKING ABOUT GETTING MARRIED WHERE DO THEY START??WHAT CAN THEY DO ?? ANY INFO I GLADLY ACCEPTED AND HELPFUL THANK YOU

the "starting point" is getting married otherwise there is no basis for her to file a relative application (I130). I assume your "buddy" is US Citizen? After the wedding file I130 and when the interview is assigned a date time, the applicant will go to overseas consulate and interview and also submit a waiver packet.

As Bob said this is not do it yourself type of thing. First she should consult with immigration attorney to make sure there is no basis for her to adjust status via 245i or some other overlooked method. The big issue is the 10 year bar she will face after leaving to go to the interview ... this can be overcome by waiver but it is difficult and will result in her being out of the country for a long time possibly while the waiver is adjudicated.

[Boiler 43,359]

Which country is she from?

[sharpcar 4]

thank you guys for all your help and answers she is from guatemala..and i dont think she will qualify for the 601 waiver considering hes not the father of the child i dont know how thats all gonna work out for them but i will pass on all the info to him i think hes gonna get a dammm good attorney..thank you to all the answers

[Boiler 43,359]

Mexico was mentioned, they and they alone have a fast track scheme.

Assuming no other factors you have not mentioned it is really a drafting issue. But there will be a time she will need to spend at home.

Edited June 17, 2011 by Boiler

[rickynlucy 0]

thank you guys for all your help and answers she is from guatemala..and i dont think she will qualify for the 601 waiver considering hes not the father of the child i dont know how thats all gonna work out for them but i will pass on all the info to him i think hes gonna get a dammm good attorney..thank you to all the answers

Him being the father of the child doesn't have anything to do with an I-601. He needs to show her leaving would be a hardship. Besides getting married, they also have the option of a fiance visa. I strongly suggest you refer them to immigrate2us.net and Laurel Scott.

[Boiler 43,359]

Him being the father of the child doesn't have anything to do with an I-601. He needs to show her leaving would be a hardship. Besides getting married, they also have the option of a fiance visa. I strongly suggest you refer them to immigrate2us.net and Laurel Scott.

Him having to move, not her.

[Sergi9 110]

thank you guys for all your help and answers she is from guatemala..and i dont think she will qualify for the 601 waiver considering hes not the father of the child i dont know how thats all gonna work out for them but i will pass on all the info to him i think hes gonna get a dammm good attorney..thank you to all the answers

The 'qualified relative" in an I601 case is the US Citizen/LPR spouse or parent. If she gets married she will have a qualified relationship and a relative to petition for her. The paternity of the child is not material to the I601.

[sharpcar 4]

good morning to all and a big thank you to all for your help..i think there gonna tie the knot and start i-130 and try to get a good lawyer..after reading alot on this site and other sites shes gonna have to go back to her home which is guatemala after i think i-130 gets approved there gonna reject her at the interview and thats when there gonna start the 601 there is no time frame for when she will be able to return she triggered the 10 year ban..i read somewhere that she should return on her own and they should start k-1 would that be better would she still get that 10 year ban???thanks again guys any insight is helpful and a happy fathers day too alll out there in visa juorny land

[canadian_wife 1,785]

Regardless of what visa she applies for in her home country, she will still get the ban for the unlawful presence in the US.

It is up to them if they want to go for a spousal visa or a fiance visa, it won't matter in the end

Good luck