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Intending on Marrying an Illegal Immigrant - How to Get Her Lawful Status

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  • 09-16-2010, 09:04 AM
    trillionbuks
    Intending on Marrying an Illegal Immigrant - How to Get Her Lawful Status
    Good day all. My fiancee illegally entered this county at the age of 17 and is now 22. She has a child who is a US born citizen and is currently pregnant with my child. I am a US citizen born and raised so I was hoping that since she was a minor, has a child who is a citizen and is currently pregnant with my child that something can be done to grant her legal status. We are willing to pay a fine, have her go back temporarily or do whatever is necessary to fix this very stressful situation. Any info is greatly appreciated.
  • 09-18-2010, 09:13 AM
    LawResearcherMissy
    Re: Intending on Marrying an Illegal Immigrant - How to Get Her Lawful Status
    She would indeed have to go back to her homeland.

    For a period of ten years.

    Her unlawful presence didn't begin until she turned 18 - had she gone back home prior to that and re-entered legally (i.e. on a properly obtained visa or through the VWP), you could simply get hitched and file for an adjustment of status.

    The penalty for unlawful presence of more than one year is a ten year ban, and there are no exceptions to this.
  • 09-18-2010, 11:49 AM
    flyingron
    Re: Intending on Marrying an Illegal Immigrant - How to Get Her Lawful Status
    Missy is correct.
  • 09-18-2010, 12:16 PM
    Mr. Knowitall
    Re: Intending on Marrying an Illegal Immigrant - How to Get Her Lawful Status
    Her hope would lie in obtaining a waiver of her ineligibility; it's not a huge hope, as the test for getting a period of ineligibility waived is tough to satisfy. If she's interested in exploring that option, it's something she should discuss with an immigration lawyer.
  • 09-19-2010, 12:03 PM
    davidmcbeth3
    Re: Intending on Marrying an Illegal Immigrant - How to Get Her Lawful Status
    "we are willing to pay a fine" how nice. She has 1 kid and is one the way with yours ... sounds like a nice catholic girl.
  • 09-20-2010, 01:32 PM
    trillionbuks
    Re: Intending on Marrying an Illegal Immigrant - How to Get Her Lawful Status
    What if she left the country on her own free will? How do they know she broke the law if she is not documented? Further can you expand upon the waiver? If I were to marry her and she has children who are legal citizens do you not think a waiver can be obtained? Thanks.
  • 09-20-2010, 01:56 PM
    flyingron
    Re: Intending on Marrying an Illegal Immigrant - How to Get Her Lawful Status
    Quote:

    Quoting trillionbuks
    View Post
    What if she left the country on her own free will? How do they know she broke the law if she is not documented? Further can you expand upon the waiver? If I were to marry her and she has children who are legal citizens do you not think a waiver can be obtained? Thanks.

    She can't legally apply without lying.
    If she answers truthfully, she'll be denied.
    If she lies, they may still catch her, but this isn't the "how do I break the law forum."

    There is NO WAY she's going to be magically transformed from illegal to legal no matter who she marries or how many children she gives birth to here.

    There's a ten year ban for her and she'd need to get a waiver on that and that's unlikely and an immigration lawyer is where you'd have to start.
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