Undocumented married to US citizen

[FrontRange78 6]

Hey guys, I am new to the forums and I would like to get some insight on what my options may be for my particular case. I would also like to be directed to the right forum for my case.

I am a 37 year old male, came to the US illegally at the age of 17. I have been living in Dallas ever since and I've made my life here in America. I am still undocumented. I started dating my now husband in August 2014 and we have been together ever since. We love each other very much and he asked me to marry him, one of the reasons we marry is so I can be protected from deportation since that would tear us apart and we do not want that. We got married last week and I want some general information as to what do I need to do in order to become legal and stay in the country with my husband. We have so many plans to stay together for the future but we don't want to be afraid of losing each other if I face deportation. Thank you all in advance for the comments and guidance.

[Transborderwife 4,666]

Marrying does not protect you from deportation. If you came here illegally you will have to apply for a spousal visa, have it denied and then apply for waivers and return to your home country for your interview.

[teeak 224]

Because you entered illegally and were not inspected at the border, you will need to go through consular processing since you don't have the choice of adjusting status.

During consular processing, your visa will be denied and you will need to obtain I601/I212 waivers in order to overcome the 10-year ban. Once these waivers are approved, you will be eligible to receive an immigrant visa to return to the US.

[Anh map 2,098]

You will need some good advice and guidance to work through this. Be prepared to hear bad news.

Laurel Scott, based in Houston, is an attorney that many past VJ members spoke about highly. You can Google her website. immigrate2us.net is another group that is very good for waiver information.

[Eric & Idalia 56]

Marrying does not protect you from deportation. If you came here illegally you will have to apply for a spousal visa, have it denied and then apply for waivers and return to your home country for your interview.

Because you entered illegally and were not inspected at the border, you will need to go through consular processing since you don't have the choice of adjusting status.

During consular processing, your visa will be denied and you will need to obtain I601/I212 waivers in order to overcome the 10-year ban. Once these waivers are approved, you will be eligible to receive an immigrant visa to return to the US.

I would suggest to consult a lawyer, and read about the waivers I-601 (https://www.uscis.gov/i-601) and I-601A (https://www.uscis.gov/i-601a). I met the Abogada Jessica Dominguez on Facebook, but I know she is in Univision too. Here are some videos you can watch about her talking about these waivers:

and this other from another lawyer and it is in Spanish:

When I went to Ciudad Juarez for my immigrant visa interview, I met some ladies who entered USA undocumented/illegally, but they filed the waiver I-601A inside the USA before their interview.

This is what the I-601A website says "Certain immediate relatives of U.S. Citizens may use this form to request a provisional unlawful presence waiver under Immigration and Nationality Act Section 212 (a)(9)(B) and 8 CFR 212.7(e), before departing the United States to appear at a U.S. Embassy or consulate for an immigrant visa interview."

People here in visajourney say that to file a waiver you would need the help of a lawyer because you have to prove hardship.

I hope you find this useful.

[TomEn 90]

Hoping things get easier for you two and all the very best.

[FrontRange78 6]

Thank you all very much. Is there a forum where I can possibly find more people that are/were in my situation and maybe can give more insight into the process. Thank you for the responses.

[teeak 224]

There's a forum here on VJ: http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

[FrontRange78 6]

Thanks!

[Transborderwife 4,666]

I also reccomend another board called immigrate2us

[Hypnos 6,576]

Look into the I-601A provisional waiver process; it may be applicable in your case.

Edited February 25, 2016 by Hypnos

[newacct 688]

Just to make sure, when you say "came to the US illegally", you mean you snuck across the border or hid in a trunk or something like that, right? If you went through a regular border crossing and were let through, then you entered legally, no matter what your status was afterwards. This makes a huge difference for your immigration now.

Was an immigration petition ever filed for you or your parent (by a relative or employer) before 2001 (regardless of whether the petition is valid now)?

Is your spouse in the US military?

[FrontRange78 6]

I entered illegally. I was 17. No one petition for me, and no, my husband is not in the military.

[Boiler 43,588]

There is a high speed route through DACA, but sounds like you missed that.

i 130 plus I601A

Pop home for the interview.

Come back after a few days with the Green Card.