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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Marriage to Illegal Immigrant

    My boyfriend is here illegaly and we want to get married. We now have a daughter we made the mistake of having him sign her birth certificate at the hospital. Will having done this impact our case? What I want to know is should i apply for a fiance visa for him and have him return to Mexico so he can enter legally? I am a US citizen and we want to get married what is the best way to go about it? If we marry here while he is illegal wont that cause more trouble? Please help

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Marriage to Illegal Immigrant

    The key to you question is HOW did he enter the US? Did he enter legally with a valid visa (Visitor, business, work, school...) with inspection I-94 form and just overstay OR did he cross the border illegally without inspection?

    If he crossed the border illegally, then he would have to return to Mexico first, but would face a period of exclusion from re-entry to the US for a period of 3-10 years depending.

    If he entered legally and just overstayed, you can get married in the US and adjust status based on marriage. Below is the link to that process.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

  3. #3
    Join Date
    Apr 2009
    Location
    Wisconsin
    Posts
    1

    Default Re: Marriage to Illegal Immigrant

    You are better to get married and file an I-130 petition for alien relative. If he did enter the U.S. illegally, he will have to go back to Mexico when it come time to file for the visa, which is about a 6 months or a year from when you file the I-130. Once you file for the visa, you will recieve an appointment in Ciudad Juarez. That is just medical examination. Then you will send a pardon letter or extreme hardship letter and will then recieve the second and last appoinment. You will need to file a pardon so that immigration lets your husband come back before the 3-10 year period. Then they will tell you weither or not your husband can come back to the U.S. But you should get help from an experienced lawyer because it can be confusing. It is very costy. I am waiting for my husband's first appointment to be assigned and I have already spent over $3000. I still have the pardon letter left, which is the most costly.

    Hope this helps.

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