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how do i marry the illegal father of my child. our main goal is to make him a legal citizen. he doesn't even have an id to get his name on our baby's birth certificate. we are so lost and just want to live a normal life but it is impossible when he can't do anything for himself.:wallbang: his friends tell him to get married in mexico and for me to request a fiance visa or something like that. is there anything we can do?
hopeless89 from n.m.
You need an immigration attorney, and you need one now.
Since your fiance is here illegally, getting married is not going to keep him in the country and will not make him eligible to adjust status. Depending on how long he has been here, he can be banned from coming back to the US for up to ten years.
What happens if we go to mexico and get married?... His friends tell us that we should act like he was never here and request a fiance visa so we can get married here.
He's still not going to be permitted to re-enter the US. See the bit about being banned for up to ten years.Quote:
What happens if we go to mexico and get married?
His friends are wrong. He should be ignoring them and hiring an attorney.
Ok i work for immigration attorney. in california.
how long he has been illegal? mexican can go to his consulate here in the u.s to get a mexican id. thats one identification for him. second if hes illegal, he is eligible to apply for an ITIN number, another form of social security. for people who are not eligible for the ssn.
if he has been here for more than a year illegally he is will face the 10 year ban, in other words once u filed for him, he wont be eligible to adjust the status here, and has to wait in mexico for 10 years, unless it has an extreme hardship for you if hes gone. therefore he can qualify for the waiver, which makes it 3 years wait. and i n mexico is way faster compare to other country.
if you marry him here, he wil need an id. and mostly it requires a passport or a legal proof of status here, unlike before it was not like that.
and ofcourse either u go to mexico to marry him or apply for the fiance he is no longer available, unless he is less than a year here, then he better go back right away to avoid facing the 10 year ban. atleast it wil be 3 years, only if you have to wait.
I suggest to client to just hang in there, and wait till we have a new immigration reform. for people who are already married to a citizen and here illegaly they have better hope, for people who doesnt have a basis, except for being here illegaly for a long time , they might be eligible to get a visa to work and eventually be able to marry u. so just wait my dear, im sorry that u are in that position. i was in the same situation before.