Getting a Visa

[Adventine 3,187]

14 minutes ago, Jacob18 said:

Everything you just said made it sound super simple,but then at the end you're saying that its really hard and that you talked us out of it? Ummm. Now im worried is it not easy with everything you said it seems doable. The only real worry i have with everything you mentioned is the extreme hardship. That's definitely something I'd have to get figured out perfectly beforehand.

 

@Mansini77 was kind enough to simplify the process for you and at the same time, tried to set your expectations that this is not going to be an easy process. It will be expensive, it will take time, and there are no guarantees of success.

 

Also, no amount of advice from posters here will ever replace you doing your own research and seeking professional legal expertise.

[Mansini77 100]

7 minutes ago, HRQX said:

To clarify the US citizen fills out I-130 and the immigrant spouse fills out I-130A supplement: https://www.uscis.gov/sites/default/files/document/forms/i-130a.pdf

*I-864 https://www.uscis.gov/i-864

Thanks for clearing that up. It’s been a few years and my memory on the issue isn’t quite 100% anymore. 
 

Dude...Jacob, go speak with an immigration attorney. They will provide all the details and help you out with the I-601A. In your case, it’s the most crucial part of the process.  Extreme Hardship is easy to prove, if you indeed have it. I’m physically disabled from a car crash years ago. I’m not handicapped, but it has slowed me down in areas. THAT is defining EH. Something severe and documented by professionals. But that’s just my case, everyone is different.

 

[Just Paul 4,591]

2 hours ago, Luckycuds said:

Same sex marriage is legal in Mexico 

Sort of . . . While it is legal on a federal level, many states have not codified same sex marriage into law and the Mexican Supreme Court can't force the states to change the (unconstitutional)  laws.  You can marry in Mexico City and in about 20 states but it is still not obtainable in the remaining states.  In Sonora and Baja, where I have lived, same sex partners can not still get married and are discriminated against socially and often violently.

[Just Paul 4,591]

6 hours ago, Jacob18 said:

How do you prove its real though. Showing that we have been together for years and lived together. Anyone could look at us and just think its fake and for getting him legal.

You get married, and look at and gather the evidence that can be provided to support a bonafide relationship just like any other couple. Then submit the I-130/I-130A.  And in the meantime work work towards having a strong I-864.

 

We immigrated via Mexico.   My wife's new best friend, where we lived, was a deported late 40s grandmother that came into the US as child.  She was detained by local police in the midwest for not a committing a crime, they way you might think, but for being unable to provide identification.  She ended up being detained by ICE and spent 8 months in jail and then deportation.  She ended up being away from her family for about 18 months.  It was quite the expensive lesson, time, money and stress wise. 

 

Your friend may have a chance to get things on the right track but it will require moving back to Mexico and doing everything the right way.

[Jacob18 4]

9 minutes ago, Mansini77 said:

Thanks for clearing that up. It’s been a few years and my memory on the issue isn’t quite 100% anymore. 
 

Dude...Jacob, go speak with an immigration attorney. They will provide all the details and help you out with the I-601A. In your case, it’s the most crucial part of the process.  Extreme Hardship is easy to prove, if you indeed have it. I’m physically disabled from a car crash years ago. I’m not handicapped, but it has slowed me down in areas. THAT is defining EH. Something severe and documented by professionals. But that’s just my case, everyone is different.

 

Okay but here's the thing. He would miss his family and me. Neither of us would actually have extreme hardship that I know of except for being sad?? Like at this point we arent even married we don't live together yet. Maybe once the time came im sure there would be actual hardship possibilities...

[Jacob18 4]

2 minutes ago, Paul & Mary said:

You get married, and look at and gather the evidence that can be provided to support a bonafide relationship just like any other couple. Then submit the I-130/I-130A.  And in the meantime work work towards having a strong I-864.

 

We immigrated via Mexico.   My wife's new best friend, where we lived, was a deported late 40s grandmother that came into the US as child.  She was detained by local police in the midwest for not a committing a crime, they way you might think, but for being unable to provide identification.  She ended up being detained by ICE and spent 8 months in jail and then deportation.  She ended up being away from her family for about 18 months.  It was quite the expensive lesson, time, money and stress wise. 

 

Your friend may have a chance to get things on the right track but it will require moving back to Mexico and doing everything the right way.

We will try to do everything the right way. But, as of right now I guess I'm just preparing early because we arent married yet or live together. If ICE took him they'd put him in jail for 8 months thats insane. But ICE can't find him unless someone turned him or his family in so he is probably safe for now.. ?

[aaron2020 11,651]

5 minutes ago, Jacob18 said:

We will try to do everything the right way. But, as of right now I guess I'm just preparing early because we arent married yet or live together. If ICE took him they'd put him in jail for 8 months thats insane. But ICE can't find him unless someone turned him or his family in so he is probably safe for now.. ?

You are misinformed.  ICE can find him without someone turning him or his family in.  There is no safe for now as long as he has no legal status in the US.  

[Just Paul 4,591]

2 minutes ago, Jacob18 said:

But ICE can't find him unless someone turned him or his family in so he is probably safe for now.. ?

ICE doesn't have to "find" him.   He just needs to be in the wrong place at the wrong time.  Does he just stay in a locked room alone, doesn't work or go to school?  If he is working then he is asking for problems assuming he never had a valid SSN.  Hopefully he hasn't help himself out as a US Citizen either.  

[Crazy Cat 39,694]

5 hours ago, Jacob18 said:

But ICE can't find him unless someone turned him or his family in so he is probably safe for now.. ?

That's just not true.  It takes only one interaction with the wrong person....or one incident with law enforcement.......

[A Mo and L ma 10]

14 hours ago, Jacob18 said:

Okay well idk why I'm referring to another person. I'm dating him and I would marry him for love. Its just he wouldn't be willing to risk not seeing his family for 10 years. That would ruin his life he loves his family. Thats why I'm trying to find a way to go around the ban but it seems like the only chance is get married and apply for a waiver for the 10 year ban but I dont think he would even risk trying.

Everyone uses the “asking for a friend” tactic. Why exactly? Lol 

[Adventine 3,187]

36 minutes ago, A Mo and L ma said:

Everyone uses the “asking for a friend” tactic. Why exactly? Lol 

Plausible deniability

[SusieQQQ 11,585]

1 hour ago, A Mo and L ma said:

Everyone uses the “asking for a friend” tactic. Why exactly? Lol 

Because apparently an anonymous internet account isn’t enough to hide behind?

[Verrou 1,901]

3 hours ago, Lucky Cat said:

That's just not true.  It takes only one interaction with the wrong person....or one incident with law enforcement.......

agreed ! my acquaintance came with tourist visa B1/B2 and then stay illegally for years. met USC and got married in a good faith and never bothered to file anything and suddenly ICE showed up at his apartment, handcuff him, put him is ICE jail for couple of months and then deported him to his country. wife then hire lawyer and i dont remember the detail ( its around 2012 ) but after a year being deported he can come back to US because of the wife file something. but they didnt know its gonna work, and the wife was ready to move to his country so they can be together. lotsa of time and money spent 

[carmel34 3,538]

9 hours ago, Jacob18 said:

We will try to do everything the right way. But, as of right now I guess I'm just preparing early because we arent married yet or live together.

Know everything before you go down this road.  Do much more research, search out all the facts, processes, and challenges.  You're not married yet, haven't even lived together, so try to think rationally, logically, before making the commitment.  Be very careful if your boyfriend is pushing you to get married in order to eventually become legal in the US.  Go into the legal process with both eyes wide open, and understand the risks, the time it will take, sponsorship financial requirements, and the considerable expense of hiring a good immigration attorney to help with the waiver application.  If you decide to get married and proceed "to do everything the right way," have a backup plan in case his waiver or visa is denied, such as living in Mexico together or some other country outside the US.  I hope it eventually works out for both of you, and please report back on your experience so that others can benefit from your journey.  Good luck!

[Crazy Cat 39,694]

Some people might not realize that harboring can be a crime:

https://www.justice.gov/archives/jm/criminal-resource-manual-1907-title-8-usc-1324a-offenses

"Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation."