rivedavi

42 minutes ago, Boiler said:

Technically and of course we do not know the Country concerned ot can be anywhere they can legally move to, does not have to be their own country.

He is from El Salvador and you are correct they do not want to go back there. 

Thank you all 

20 hours ago, Boiler said:

How old is he? If he is under 18 1/2 he does not have a ban.

11 hours ago, Mansini77 said:

Your US citizen cousin can file an I-130 petition based on marriage. 

 

The next step, granted her husband is still in the United States, would be to file an I-601a waiver.  If her husband is outside the United States, she will need to file an I-601.   These waivers are not visas, they excuse "unlawful presence" and lift the 3 to 10 year entry bar.  In this waiver, the petitioner must prove above and beyond "extreme hardship" if her husband is not allowed to stay in the United States.  These waivers absolutely must be submitted with EVIDENCE of extreme hardship.  Medical conditions documented by doctors, psychological examinations, and child support are good examples.  She must prove to US immigration that ALSO her life in her husband's country will also be full of, well...for lack of a better term, extreme hardship.  

 

If approved, the case will then be sent to the NVC for more documentation.  Her husband will then need to leave back to his country of origin and consular process at a US Consulate for an interview with a consular officer to decide whether or not her husband is worth granting an entry visa.  

 

If i were in your cousin's shoes, I would start saving every last penny you can scrape up.  Without a lawyer, this process will probably cost roughly $5000.  Rough estimates, $500 for the I-130, another $700 for biometrics and the waiver.  AOSupport and Visa application fees...i think around $500.  And then add the cost of time and travel to and from the country of origin.  

 

I'm going to base this off the fact that he entered illegally and that he is 18 years old now.  Entering while a minor kind of muddies the water a bit.  I'm not sure if he is eligible for DACA or not.  Regardless, this case, and among many others that marry illegal entry peoples, is a very long and drawn out process.  Yes, this can be accomplished.  But it's going to be a long uphill battle that will probably take 2 years if she files the I130 today.  

 

Speak to a reputable immigration attorney.  If they are going to go down this road, they'd better be prepared to make this the most important issue in their lives for at least a couple of years.  That means working two jobs, saving money and not spending money on things like a new car and eating out at restaurants.  Gutcheck time.

thank you for the help,

I advise her to speak to a lawyer and maybe his father can help. 

6 minutes ago, Boiler said:

How old is he? If he is under 18 1/2 he does not have a ban.

He turned 18 in july in December he will be 18 1/2

does that mean they can file normally?

27 minutes ago, Boiler said:

So he is not eligible to be a joint sponsor.

 

Exactly how old is he?

She is 18 years old 

32 minutes ago, debbiedoo said:

She will have to find a job or a co sponsor. probably both. he is undocumented and can not legally work. that can bring many issues if he is caught.

 

what age was he. different states have different laws for underage marriages. most require parental permission. if they had none the marriage is probably void since he was not 18 he can not legally do anything....legal.

 

if he has a ban, they will need a waiver and it depends on the ban duration.

 

having a child together has no bearing on his immigration status.

 

They need an attorney.

 

 

His father lives here he has TPS status and a right work. he gave them permission to marry. I am not sure he has ban.  

27 minutes ago, Boiler said:

If he is under 18 1/2 he would have no ban, no waiver, needed  if he leaves.

 

Does she have a joint sponsor?

 

 

his father could help.

Does he have to leave for him not to submit the waiver? since their baby is really little.

They would try to avoid sending him back

Hi,

My cousin us citizen 18 years old married a minor that was undocumented. He entered illegally and was caught by immigration and released to his father. He is now 18. 

They want to get him a green card based on their marriage.

They have 6 month old daughter.

Can she file i-30 for him, and will he be able to stay, should they file a 601 waiver.

He is the only one working as she does not work. They asked me for my advise. as they cannot afford to pay for an attorney. 

Thank you 

thank you guys answered my question

It is a k1 fiancé visa 

My questions is about the Adjustment of status, I mailed it one day ago but I didn't realize her visa expired 1/18 i did not file a I-130. 

Can her adjustment still go through? or do i need to file I130

Its been a few weeks I have the I-130 filled and ready to go, before i mail it in I want to make sure its necessary. I could use the help please