Illegal Husband, Should We Stay or Go

[rachel80]

I married an illegal mexican immigrant in the u.s. We want to move to mexico while we wait to get him a green card. I want to file my i-130 petition for him but should i file it from the u.s. or wait till we get to mexico? What kind of penalties will he face if we file it here then leave? we need to leave before the end of the summer. we have all of our documents together and are trying to do this without a lawyer because we dont have that kind of money and have heard that they only really just file the forms and mail them. We are leaving because we are not making enough money here. My son and I are now dual citizens. Please help we dont want to make a mistake and end up paying big for it!! Thanks

[Mr. Knowitall]

What do you mean by "illegal mexican immigrant"? If he entered illegally he can't adjust his status.

Also once he leaves his period of ineligibility will be triggered based upon his overstay.

[rachel80]

Yes my husband entered illegally. We got married and now want to go to Mexico. He came here with his uncle when he was 14. So I want to know the best way to file my I-130 petition. Here or there?

We also want to leae because he hasn't seen his family in many years and we have a small child now. Once I file the petition we will be interviewed at somepoint correct? I am willing to stay in Mexico as long as it takes. But once they impose his ban does he get his greencard or do we have to file the petition again????