Questions about bringing fiancee/ wife

[GeraldT 0]

First of all, if you're reading this.. thank you! I really need all the help i can get. Any advice will be greatly appreciated.

My case is a bit complex, so here are all the details:

Im a 26 year old U.S citizen.. My fiancee, 23, was brought into the USA illegally (from Mexico)by her parents when she was just about 5 years old.

She grew up here, barely remembers anything about mexico, her english is far better than her spanish, and it's just overall a very unfortunate situation that she's 100% american in all ways except the one that matters the most.

We've been told that even when we marry, she will most likely have to leave the country for a certain period of time. We were hesitant to do this for obvious reasons.. Being apart is torture... A little over a year ago her mom went back to mexico, but just a few days ago she was told that she has a potentially cancerous tumor. She'll undergo surgery and chemo (spelling?). The severity of it is still a bit unclear, but either way she'll need all the support she can get. Because of this, my fiancee is most likely going to have to go to mexico and take care of her mom during this time...

We want to be back together as soon as possible but we have many many questions about how to proceed. Is it true that bringing her back in as a fiancee would be quicker than marrying her, then begin the process? Does the fact that she was 5 years old when she was BROUGHT illegaly into the country help at all? (As opposed to being an adult CONSCIOUSLY entering the country illegaly).

She otherwise has no criminal record or anything like that, so I'm kinda hoping this doesnt take too long.

Any tips or information you can share will be greately appreciated!

thank you

[Darnell 8,478]

you have some backgrounder that MOST of the populace here at VJ just don't have -

so, instead of hanging out at VJ - pleaes visit http://immigrate2us.net - you'll find some pointed info about your particular situation.

Good Luck, however it turns out..

[mr and mrs 187]

you will get some good advice here on visa journey, but you should also peruse i2us.net. that site deals with more complicated visa cases and can give you good info on bans and waivers and lawyers.

have hope! the situation you find yourself in is not all that uncommon. many people have had success getting their loved ones legal status in the US.

best.

edit: dar dar was faster.

Edited January 30, 2012 by mr and mrs

[skiptex 225]

yikes!!!

sounds like you need a lawyer.. for her status..

but i does not sound like it will be easy.. good luck

[NigeriaorBust 4,087]

A child is forgiven for being here illegally but once you are 18 you are no longer a child and start being blamed for being here illegally. She now faces a 10 year ban . You need to file a waiver for her. The fact that she has no other issues make it highly likely she could e granted the waiver. Go to the other site suggested immigrate2us.net they have a lot of people like you

[Brother Hesekiel 2,236]

The U.S. government realizes that children have no say in where parents take them, which is why unlawful presence is not recorded until the child becomes an adult, which is at age 18. So your now 23 year-old fiance had half a decade to realize that she is illegally in this country. The moment she leaves, she will trigger a 10-year bar for unlawful presence of "1 year" in the U.S., and she will have to leave under the best of circumstances in order to attend the interview in Ciudad Juarez. Be grateful that you are not married yet.

[JimVaPhuong 4,863]

A child is forgiven for being here illegally but once you are 18 you are no longer a child and start being blamed for being here illegally. She now faces a 10 year ban . You need to file a waiver for her. The fact that she has no other issues make it highly likely she could e granted the waiver. Go to the other site suggested immigrate2us.net they have a lot of people like you

This is correct. She started accumulating unlawful presence when she turned 18. 180 days later she incurred a 3 year ban on reentry. When she turned 19 she incurred a 10 year ban on reentry. She can't adjust status and get a green card in the US because of the illegal entry. She won't get a visa from a US consulate without an I-601 waiver for the unlawful presence ban. The ban takes effect the day she leaves the US.

If she didn't have to leave because of her sick mother I would suggest waiting a little while before doing anything at all. The director of DHS recently announced a new policy that will permit USCIS to adjudicate I-601 waiver requests while the alien is present in the US. The policy up until now had been that an I-601 waiver request couldn't be considered until the alien had applied for a visa at a US consulate and been denied. If the new policy goes into effect then you'd be able to submit an I-601 waiver request on her behalf, and you'd be able to wait for a decision before she left the US. If the waiver request is approved then she can leave for the visa interview fairly confident that it would be approved, and she'll be allowed to return to the US. If it's denied then she could decide whether or not she should leave and wait out the ban in Mexico.

The other possibility is the DREAM Act, but Democrats in Congress have tried and failed multiple times to get that Act to pass. If Democrats pick up seats in the Senate and House of Representatives in the next election, and if President Obama is reelected, then there's a pretty good chance the Act will pass. Unless there's a sharp rebound in the economy then I suspect the Democrats will probably lose seats. Whether the president is reelected depends on who the Republicans put up to run against him, and what happens to the general mood of the country between now and then. If the Act does ever end up passing then she could get a conditional green card by going to a university for two years or serving in the military for two years. She'd have to complete the requirements before the cutoff age, which I think is currently 35.

One thing is certain - if she leaves the US now then the 10 year ban kicks in, and she won't be coming back without either getting a waiver or waiting out the ban. You would have to submit the waiver request on her behalf, and show that it would be a hardship on you if she isn't allowed to return. The odds of approval are better for a spouse than for a fiancee. They are better yet if you have children who remain in the US. If the waiver is denied then your only other option is to move to Mexico and wait out the ban with her.

[Boiler 45,651]

The odds of approval are better for a spouse than for a fiancee. They are better yet if you have children who remain in the US. If the waiver is denied then your only other option is to move to Mexico and wait out the ban with her.

I am not aware of any stats comparing Fiancee vs Spouse.

Certainly a well prepared waiver has a much better success rate.

In this situation, it should be a relatively straightforward process.

[Noah Lot 391]

First of all, if you're reading this.. thank you! I really need all the help i can get. Any advice will be greatly appreciated.

My case is a bit complex, so here are all the details:

Im a 26 year old U.S citizen.. My fiancee, 23, was brought into the USA illegally (from Mexico)by her parents when she was just about 5 years old.

She grew up here, barely remembers anything about mexico, her english is far better than her spanish, and it's just overall a very unfortunate situation that she's 100% american in all ways except the one that matters the most.

We've been told that even when we marry, she will most likely have to leave the country for a certain period of time. We were hesitant to do this for obvious reasons.. Being apart is torture... A little over a year ago her mom went back to mexico, but just a few days ago she was told that she has a potentially cancerous tumor. She'll undergo surgery and chemo (spelling?). The severity of it is still a bit unclear, but either way she'll need all the support she can get. Because of this, my fiancee is most likely going to have to go to mexico and take care of her mom during this time...

We want to be back together as soon as possible but we have many many questions about how to proceed. Is it true that bringing her back in as a fiancee would be quicker than marrying her, then begin the process? Does the fact that she was 5 years old when she was BROUGHT illegaly into the country help at all? (As opposed to being an adult CONSCIOUSLY entering the country illegaly).

She otherwise has no criminal record or anything like that, so I'm kinda hoping this doesnt take too long.

Any tips or information you can share will be greately appreciated!

thank you

\

the only thing that matters is the fact that she has accumulated unlawful presence since age 18...the method of how she entered the country is not really relevant. She will NOT be allowed to change or adjust status and thus will have to depart the US, triggering the 10 year ban.

[JimVaPhuong 4,863]

I am not aware of any stats comparing Fiancee vs Spouse.

Certainly a well prepared waiver has a much better success rate.

In this situation, it should be a relatively straightforward process.

I'm not aware of any stats either. Purely anecdotal evidence from people who've gone through the waiver process at CDJ.

[Boiler 45,651]

I could not have put it better myself.

Apart from using the odd capital.

[GeraldT 0]

while reading thru all those responses I smiled a couple times, and had a couple of heart attacks! Seems like this could go OK or not at all!

Im quite terrified , I gotta admit... But i do appreciate you all taking the time to reply! thanks!

[Ban Hammer 13,395]

one post removed for ote.

[NigeriaorBust 4,087]

one post removed for ote.

What an ote ? are they dangerous or endangered ?

[skiptex 225]

What an ote ? are they dangerous or endangered ?

OTE means "Over The Edge"