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  1. #1
    Join Date
    May 2007

    Default Marrying an Immigrant Who Entered, Uninspected, As A Child

    my boyfriend is a Mexican citizen with a Mexican passport but living in the US. we want to get married but also we both feel that we should take steps to have him be legal (he came into US uninspected at 4 years old).

    We thought i should apply for the I-129 to petition for fiance and then have him go back to Mexico to complete the rest of the paperwork, interview, and processes.

    will there be any delays, is this the right way to do it, and if he was never inspected when entering, do we put that on the application, what kind of delays are we looking at and what kind of a process, delay, wait time are we looking at before we can set our date?

    also, what kind of things do we need to show to prove our relationship? we have pictures and letters, is that enough?

    the wait time if no problems is about 6 months on the INS website... is that usually accurate? What is the interview process like? Any other advice or information anyone can pass along? Thank you

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: I-129 and K1 Visa

    If he goes to Mexico, he will likely end up being the subject of a long period of exclusion. There are no easy answers in situations like this, and I strongly suggest that he get help from an immigration lawyer.

  3. #3
    Join Date
    Feb 2007

    Default Re: I-129 and K1 Visa

    First if he enter legally into the U.S. then he's ok to file for AOS
    If he enter Illegally, no way he should apply for a fiancee because that means that he would like to leave the U.S. and Apply for a fiancee visa in Mexico. If he leaves he will be subject to the 10 year bar for entering the U.S. illegally.

    Nevertheless, it will be best to get marry in the U.S. and apply for Outside procceding in CDJ and file a Waiver for his unlawfull entry into the U.S.

    If the waiver is well done and he doesn;t have any criminal record in the U.S. he should get his paperwork approve with in a few weeks.

    Find a good attorney that knows the job well, before filling for Outside proccedings, because waivers are not easy.

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