TONY M

Thanks for all of thsoe who helped and sent along information. Since my Girlfriends sister was in this very situation, I am going to speak to their Immigration lawyer at some point in the near future to see what my options are. I will keep everone who is interested posted on my progress....

Although my first thread got off to a rocky start, I still think that this is a very resourceful site with lots of information and helpful individuals!!

Well not really "figure" out immigration law, but what Immigration expects from someone in my situation who is trying to get an Illegal Immigrant legal in the US. I need to research what actions to take for example, if one form dont work then what next etc., that are in the best interest for me and my Girlfriend and then take that route.

Wow!! Lots have been posted since being here last..so much that I cant even begin to think of a reply to most of what has been said....I agree that my thread did go way off topic and would hope an Admin or Moderator can "clean" it up..if not thats okay but Right now, I suppose I will let things lay as they are until I can start to figure out the Immigration law, understand whats at stake and research my options that will yield the best results.....It sure sounds like quite the Journey and one we are willing to take.

To the person/s who posted about me living in Honduras, I have thought about it but only on a temporary basis to see if I can be eligble for a DFC, but I need to do LOTS more research and see if thats a better option...if I can even apply for or become elligble for a DCF. Im sure I, like many other newbies who have come to this site for help, will figure things out and hopefully eventually bring my Girlfriend back to the US legally.

Tony, you found your own quote offensive? Look at what you printed in your responds that I highlighted.

Maybe it didnt come out the way I intended, but what I was saying was, Im not going to say that im contemplating Illegal activity because that is NOT my intention....but if they dont ask, then I wouldnt say anything about my Girlfriends 10 year stay in the US.

Hopefully I have Clarified my earlier comment....

Well Tony, since you have admitted this, I think we here onn VJ should stop all conversation as of now, or else we can be aiding to your illegal crime.

Good luck on your journey.

Im not one to go against the law. I am here to learn about the process and ask questions which I have been doing...ok so they will know she has been here in the US. I am not familiar with Immigrations laws, or processes, nor have I looked at any of the applications, so I dont know what information the Immigration office requires...so thanks for your comment, but I do not think that I am commiting any illegal crime as you put it.

So far since joining this site I have learned the following:

1) They will know she has been in the US

2) I need to file certain documents truthfully or risk a Perm. Ban

3) I will need to do more research and possibly obtain a lawyer to guide me

I'm sure we have all been in a situation or two that may be considered on the verge of Illegal activity, but to point fingers and Blatantly say im out to commit crimes is absurd. Immigrations laws have never effected me until I began my relationship with my Girlfriend.....I am still in the process of learning and was simply saying that if they dont ask then dont tell...not indicating my intention to lie on any forms...furthermore, I have also included in my reply that "I am not willing to take that risk if it can result in a perm. Ban" So thank you for your comment, but I found it offensive.

Thanks Matt&Kaci. I sure hope that things will work out in the end....

Your statements above conflict. They would know because you were both truthful in filling out the necessary forms to begin the process. Only if you lie would there need to be any other way for them to know. The forms ask where she's been the last five years. To leave the USA any by air or sea, she'll need a valid passport, so there will be a record of her leaving unless she travels overland illegally entering both Mexico and Guatemala before presenting herself at the border of Honduras, essentially retracing the steps of her illegal entries to Guatemala, Mexico and the USA.

Your question itself indicates you contemplate illegal activity.

The legal way is to file the papers truthfully, have her obtain a Honduran passport through a Honduran Consulate in the USA (unless she already has one) and then at the appropriate time she goes home an takes her medicine with the understanding she may never be allowed to return.

Well Id hate to admit that im looking to "Contemplate illegal activity" but Id like to think more along the lines of Dont ask dont tell. But if its going to result in a Permanant ban then im obviously not willing to take that risk. Like previously mentioned, im going to have to do allot of reading and homework and consult with an Immigration lawyer to find out what steps I should take given my situation.

Ummpphhhh! Ummm I dont really know what to do next. The thought of waiting ten years to bring her back to the US is VERY frightening....and not to mention discouraging, which leads me to believe that if the immigration process wasnt so full of red tape and fear of not being granted a visa, then more people would probably go the legal route than to enter Illegally.

Im going to have to do allot of reading and homework on the matter.

I should note that my Girlfriends sister came here to the US in the same manner, but not sure how long ago? and was able to marry a US Citizen here, but has to apply for a permit? every year to stay in the US. Im probably missing some information about the sisters status, but in a nutshell thats what I was told.

And absolutely not, I dont want a lifetime ban I just want to live happily ever after like everyone else.

Thanks everyone for all of the information so far. Im going to seek the help of an Immigration Lawyer and see what the best route will be to go in this matter.

I also read here that I can go to Honduras and become a Citizen there after 6 months to which then I can go through the DCF process. Would that be an option for me as well?

To add onto this post....im sure there is evidence here in the US that shes been here, and as for the flight home, im not sure what type of passport, Legal or illegal, she has, nor what name she would assume to board a plane. Very good questions and ones that I havent thought of...and I sure know that things pop up when you least expect, which is why I am here asking questions. Thanks again everyone!!

Well im definately not looking to lie on any forms, and I want to follow the rules and guidlines to the "T" but im not sure how either the US or Honduras will know she has been in the US for 10 Years. Im thinking that if she goes back to her country, we can then begin the process of filing the necessary forms to bring her to the US legally....wether it be a Fiance Visa, or I go to Honduras on a Passport and Marry her there then petition to bring her here on a Spouse visa. I suppose I couldnt marry her here with her current Illegal status....

Unfortunately, her long period of illegal presence complicates matters quite a bit. Being here that long means that she will face a 10 year ban from the US.

The only way to overcome that is, once you have applied for the K1 visa at the consulate and are subesquently denied (due to her overstay), to file a 601 waiver. The only problem with that is getting the waiver approved. You must prove extreme hardship to you - the US citizen - if the alien is not granted a visa. This isn't something I'd go alone - I would seek the help of an experienced immigration attorney to navigate those waters. Also, this other forum may help you - a lot of folks there are going through the same thing.

http://immigrate2us.net/forum/forum.php

Read the K1 guide to understand the visa itself - but mainly, it is designed so that the two of you would marry here. If you wish to marry elsewhere, then a spousal visa is the way to go. However, you'll still have the ban/waiver process to endure.

http://www.visajourney.com/content/k1guide

Wow, thats a tough pill to Swallow! My next question is, how would Honduras or the US know she was here for 10 years if they have no record of her ever coming into the US or leaving Honduras? She claims to have a passort (im not sure if its legit or not or for which country) but couldnt she go back to Honduras and then begin the process as if she was living there the entire time?

First and foremost, you cannot get her citizenship - at least not right away. You'd have to be married to her and she would have to be living here for 3 years as a green card holder (legal permanent resident, or LPR) before she could apply for citizenship. You can't skip the LPR step and automatically become a citizen.

We need a little more information before knowing where to start and what your options might be. How did she enter the US? On a visa - which she has subsequently overstayed, or without inspection? How long has she been here illegally - in other words, if she was here on a visa, when did it (or her I 94) expire?

Thank you for your post.

My Girlfriend is here without inspection. She has no visa, no paperwork and nothing to support her stay here in the US. She has been here for 10 years. I want to know what I need to do to begin the process of getting here here Legally. If we file a Fiance Visa, what proof needs to be submitted, and how does that process work? Could I marry her here? Would I have to marry her in Honduras? Im confused so im sorry if I seem to run in circles.

Thanks again!

Hi There, I just signed up today at the request of a Co-worker because I have a current situation that I need help with. First and foremost, thank you for those who make this site possible and for all of the people who post their information to help people like me. I truly appreciate a site like this!!

My Dilema: I am currently in a long term relationship with a Honduran Native who is here in the US Ilegally. I want to help get her Citizenship here in the US so that she doesnt end up being deported back to her country (I also think that being deported will make it even more difficult to bring her back here)

With all of the forms and technical info and abreviations, I cant seem to sort out the information to begin my Journey.

I did poke around the site some and found some helpful information (thank you) but im still confused by the process and it seems like allot needs to be prepared beforehand.

Can anyone guide me on how to start the process and what needs to take place? I know she will have to return to Honduras and apply for a Visa and I will have to sponsor her from the US to have her come here on a Fiance Visa but I dont want to run into any issues because I left out any steps.

Im looking forward to starting the process before tougher Immigration laws pass through Congress.

Thank you all in advanced for your help!

Tony