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Just got married now all confused on what to apply to make him legal

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Just got married now all confused on what to apply to make him legal

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Old Jul 27th 2003, 12:09 pm
  #1  
Crystlline
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Default Just got married now all confused on what to apply to make him legal

ok, we have been married for alittle over a month, known each other
for over a year. Question is what forms are we supposed to fill out.
He is here illegal has no papers for nothing. Can someone please help
me on what we should do i don't want him being deported back to his
home country.
 
Old Jul 27th 2003, 1:22 pm
  #2  
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more information is needed to answer your queston, how did he originally enter the US, was he inspected, or did he sneak accross the border, are you a USC and LPR or an ilegall as well?
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Old Jul 28th 2003, 6:02 am
  #3  
Jodi
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Default Re: Just got married now all confused on what to apply to make him legal

I married a man who entered illegally ("without inspection" is the
official term - basically it means he snuck across the border). We
have filed the I-130 Petition for Alien Spouse, Relative... or
something like that. This form starts the (very long) process of
getting him a green card...

Where is your husband from? That may make a difference... You can
email me if you want more details about my case.

Jodi
 
Old Jul 28th 2003, 5:21 pm
  #4  
Crystlline
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Default Re: Just got married now all confused on what to apply to make him legal

[email protected] (Jodi) wrote in message news:...
    > I married a man who entered illegally ("without inspection" is the
    > official term - basically it means he snuck across the border). We
    > have filed the I-130 Petition for Alien Spouse, Relative... or
    > something like that. This form starts the (very long) process of
    > getting him a green card...
    >
    > Where is your husband from? That may make a difference... You can
    > email me if you want more details about my case.
    >
    > Jodi

he is from mexico. he is here illegally came using the tunnel as some
put it. this was almost three years ago. I read up on the I-130
petition and i got the impression that since he is here illegally he
isn't going to be able to use it or any other form. Is this true or am
i just being paranoid that he will be deported?
 
Old Jul 29th 2003, 1:37 am
  #5  
Jodi
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Default Re: Just got married now all confused on what to apply to make him legal

    > he is from mexico. he is here illegally came using the tunnel as some
    > put it. this was almost three years ago. I read up on the I-130
    > petition and i got the impression that since he is here illegally he
    > isn't going to be able to use it or any other form. Is this true or am
    > i just being paranoid that he will be deported?

My husband is from Mexico as well. We filed the I-130 in March. The
fact that someone is here illegally does not negate the fact that they
married a US citizen, which is the basis for filing the I-130. We
have an experienced lawyer and he never mentioned any danger
whatsoever that my husband may be deported. We have friends who are
in the same situation who filed the I-130 last November and nothing
has happened to either my friend's husband or my husband in terms of
deportation or any other investigation. They just keep on living
their lives. In fact, our lawyer said if they do get detained by
immigration for whatever reason, it may actually look better to be
able to show that they have an immigration petition on file, because
it shows that they are trying to change their situation so they can
have legal status.

The consequence of being in the U.S. illegally comes after the I-130
is approved. Our husbands are not eligible to apply for a green card
here in the U.S.; they have to return to Mexico. At some point (maybe
a year to two years from now?) my husband will be given an interview
date at the consulate at Ciudad Juarez, where he will almost certainly
be denied a visa because of his illegal residence in the U.S. And at
that point he will be subject to a ten-year ban, which means he will
not be able to reenter the U.S. for ten years. What happens then is
that I can file for a waiver to lift the ban and allow him to come
back. Our lawyer has filed quite a few cases like this and the waiver
has always been approved, but it is a gamble. And between the
interview and when the waiver is approved (maybe between 3 to 9
months) my husband has to stay in Mexico.

So - that's what I know. My advice is to get an immigration lawyer if
you can!

Jodi
 
Old Jul 31st 2003, 2:34 pm
  #6  
Crystlline
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Default Re: Just got married now all confused on what to apply to make him legal

[email protected] (Jodi) wrote in message news:...
    > > he is from mexico. he is here illegally came using the tunnel as some
    > > put it. this was almost three years ago. I read up on the I-130
    > > petition and i got the impression that since he is here illegally he
    > > isn't going to be able to use it or any other form. Is this true or am
    > > i just being paranoid that he will be deported?
    >
    > My husband is from Mexico as well. We filed the I-130 in March. The
    > fact that someone is here illegally does not negate the fact that they
    > married a US citizen, which is the basis for filing the I-130. We
    > have an experienced lawyer and he never mentioned any danger
    > whatsoever that my husband may be deported. We have friends who are
    > in the same situation who filed the I-130 last November and nothing
    > has happened to either my friend's husband or my husband in terms of
    > deportation or any other investigation. They just keep on living
    > their lives. In fact, our lawyer said if they do get detained by
    > immigration for whatever reason, it may actually look better to be
    > able to show that they have an immigration petition on file, because
    > it shows that they are trying to change their situation so they can
    > have legal status.
    >
    > The consequence of being in the U.S. illegally comes after the I-130
    > is approved. Our husbands are not eligible to apply for a green card
    > here in the U.S.; they have to return to Mexico. At some point (maybe
    > a year to two years from now?) my husband will be given an interview
    > date at the consulate at Ciudad Juarez, where he will almost certainly
    > be denied a visa because of his illegal residence in the U.S. And at
    > that point he will be subject to a ten-year ban, which means he will
    > not be able to reenter the U.S. for ten years. What happens then is
    > that I can file for a waiver to lift the ban and allow him to come
    > back. Our lawyer has filed quite a few cases like this and the waiver
    > has always been approved, but it is a gamble. And between the
    > interview and when the waiver is approved (maybe between 3 to 9
    > months) my husband has to stay in Mexico.
    >
    > So - that's what I know. My advice is to get an immigration lawyer if
    > you can!
    >
    > Jodi

ok, then what i was told was true he can be deported or banned after i
file the partition....ok i was also told that i could say that if they
send him back it would be a hardship for me...and it would be since i
am not working right now he is (under another name) due to medical
reasons. i most likely will be working tho before they ban him but i
don't think i could make it without his income...can i ask where you
live and if your lawyer helps others outside of the state you are in?
i am in arizona....sorry so late responding i was in the hospital and
just got back home today.

Donna
 
Old Aug 1st 2003, 12:44 am
  #7  
Jodi
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Default Re: Just got married now all confused on what to apply to make him legal

You're right - the waiver is based on hardship to you, the American
citizen. But from the research I've done and the info. I've gotten
from my lawyer it seems that Ciudad Juarez is one of the better places
to file for a waiver. My lawyer's experience is that in general they
approve them, although they tend to dislike it if either petitioner
has any drug or alochol related offenses. So tell your husband to
always be sure to get a taxi home from the bar!

I'm in Minnesota and I don't believe my lawyer takes cases out of
state. But I'm sure there are even more qualified immigration lawyers
down your way than up here - I think the best way to find one is to
ask people in the immigrant community. That's how we hooked up with
ours.

Good luck! It's a long and hard process, but at least we're together
with our husbands - a lot of people on this newsgroup are here in the
U.S. while their spouses/fiances are in another country.

Let me know if I can be of help with anything else...

Jodi
 
Old Aug 1st 2003, 2:08 am
  #8  
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Default Re: Just got married now all confused on what to apply to make him legal

From this post it seems that you husband has been committing other crimes besides being here illegally. Specially, he has been using false social security documents to work illegally. I suspect this by what you say about him working under a false name. That certainly will complicate things further and make it harder for you to overcome the ban he will be getting.

Have you considered moving to Mexico to live there? This may be the fastest way for you to be together. Good luck.


Originally posted by Crystlline
[email protected] (Jodi) wrote in message news:...
    > > he is from mexico. he is here illegally came using the tunnel as some
    > > put it. this was almost three years ago. I read up on the I-130
    > > petition and i got the impression that since he is here illegally he
    > > isn't going to be able to use it or any other form. Is this true or am
    > > i just being paranoid that he will be deported?
    >
    > My husband is from Mexico as well. We filed the I-130 in March. The
    > fact that someone is here illegally does not negate the fact that they
    > married a US citizen, which is the basis for filing the I-130. We
    > have an experienced lawyer and he never mentioned any danger
    > whatsoever that my husband may be deported. We have friends who are
    > in the same situation who filed the I-130 last November and nothing
    > has happened to either my friend's husband or my husband in terms of
    > deportation or any other investigation. They just keep on living
    > their lives. In fact, our lawyer said if they do get detained by
    > immigration for whatever reason, it may actually look better to be
    > able to show that they have an immigration petition on file, because
    > it shows that they are trying to change their situation so they can
    > have legal status.
    >
    > The consequence of being in the U.S. illegally comes after the I-130
    > is approved. Our husbands are not eligible to apply for a green card
    > here in the U.S.; they have to return to Mexico. At some point (maybe
    > a year to two years from now?) my husband will be given an interview
    > date at the consulate at Ciudad Juarez, where he will almost certainly
    > be denied a visa because of his illegal residence in the U.S. And at
    > that point he will be subject to a ten-year ban, which means he will
    > not be able to reenter the U.S. for ten years. What happens then is
    > that I can file for a waiver to lift the ban and allow him to come
    > back. Our lawyer has filed quite a few cases like this and the waiver
    > has always been approved, but it is a gamble. And between the
    > interview and when the waiver is approved (maybe between 3 to 9
    > months) my husband has to stay in Mexico.
    >
    > So - that's what I know. My advice is to get an immigration lawyer if
    > you can!
    >
    > Jodi

ok, then what i was told was true he can be deported or banned after i
file the partition....ok i was also told that i could say that if they
send him back it would be a hardship for me...and it would be since i
am not working right now he is (under another name) due to medical
reasons. i most likely will be working tho before they ban him but i
don't think i could make it without his income...can i ask where you
live and if your lawyer helps others outside of the state you are in?
i am in arizona....sorry so late responding i was in the hospital and
just got back home today.

Donna
DCMark is offline  
Old Aug 1st 2003, 4:06 am
  #9  
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Posts: 231
Aliluv is an unknown quantity at this point
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You should get an an immigration attorney now. Do not try this on your own as your husband is using a false name to work under that will be a problem.

DCMark is right there are several other things going on here yours is not a simple case.

Last edited by Aliluv; Aug 1st 2003 at 4:10 am.
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