How can a u.s citizen file a petition for a spouse living here illegally?

Question

i'm a us citizen and now i want to file a petition for my husband to become a u.s resident , he has been here since he was 5yrs old ,he's been here since then ,we have 3yrs married and have a little girl .he is the only one working and i'm a stay home mom.what should i do ? he has a a tax # which he makes his taxes every year .would that help us, need a good advice?????

Answer 1

If he is here illegally, he may have to leave the U.S. for a certain penalty period before he can return with a permanent resident visa.

I suggest you do TWO THINGS:

1) wait for Bush to leave office.  Xenophobia is higher than it has ever been.  Wait till these right wing wackos are flushed out at all policy levels.  And pray that Obama becomes president.  I am not sure McCain is so xenophobic, but he will take longer to come around.

2) Get an immigration attorney.  A good one. You may have to pay good bucks for it, but he may have a way of getting you through this.  Don't pay a dime unless you are convinced this attorney can work you spouse's case.

Answer 2

OMG ... I can not believe what I just read. You choose to get married and have a child with a illegal immigrant. What were you thinking. Now he may very well get deported, for up to 10 years, and you child will grow up with out a father.  

   What you need to do is get a job, and send your husband out of the country and have him apply and wait.  He should be able to make visits until he receives a green card.

Deport illegals, and keep the dream alive.

Mavi is wrong, Bush wants to open the boarders, he has not showed any interest in protecting our sovereignty.

Answer 3

You can't,he has to leave and your child will be without her father for the next 10 years. See what happens when you consort with criminals?

Answer 4

I think all illegals should try this "wait for Obama" theory and we can laugh at them when nothing changes.  Political pandering for votes, lame.

Vote McCain, not for racist Obama.

Answer 5

He should not be entitled to  ITIN number, you will need to get a job, he will be deported with maybe a ten year ban (hopefully)!!! He will need to return to the country in which he belongs and apply!!! You may return with him.

Report and Deport!!

Answer 6

mavi has given you the best response so far. and as another stated if you file the petition for him at present he would have to go back to his home country for the interview and be subject to a 3-10 year bar from returning, he can request a waiver but they are currently taking about 19 months to process and then he may or may not be approved for the waiver. only thing is for him to stay and if he should be apprehended by ICE and he has more than 10 years of unlawful presence in the u.s and is a person of otherwise good moral character, pays his taxes, no criminal record, other than the unlawful presence, he may qualify for suspension of deportation (form I-881), if he is not frighten into signing for voluntray departure instead of appearing before an immigration judge,high risk but it would be the only chance, his marriage to you and the child help a little, but you should at least file the I-130 and then delay the process after it gets to the national visa center.

Answer 7

He is an illegal alien.  He chose, as an adult, to remain in violation of the law.  He is responsible and no excuse about "my parents did it to me" has any validity.  Go ahead and apply for a spousal visa for him -- it exposes his illegal status and gets him deported and barred from re-entry.

If he immediately and voluntarily returns to his own country, he might get a shorter bar to re-entry.  He can obtain a passport from his country of citizenship for his daughter and take her with him without any immigration hassle.  He can apply for your immigration to his country of citizenship, and you can join him there.

Or you can get a job and raise your daughter here by yourself while your husband is in his country.  Your days as a stay-at-home mom are over.

Misuse of a tax ID number (such as using it in place of an SSN to obtain work) is a felony.  No brownie points for filing an income tax return.  If he tries to stay, he gets additional time banned from US or a permanent ban due to the felony.

Answer 8

was his visa current when u got married

Answer 9

yes -contact the INS.

Answer 10

Don't listen to some of these wackos and contact an immigration attorney. As someone who works for the law, I can honestly say that it is highly unlikely he is going to get banned - especially since the two of you are married. That is, IF you do things right and petition for him to be here. It is when deportation procedures take place that a ban occurs. However, he WILL need to go back to his country & wait for approval.

Answer 11

Give me your address, I will make sure that the right people get to him.

Answer 12

He leaves country

He gets banned for 10 years

You file petition

Petition denied as he is banned for 10 years

File for a waiver

When waiver is approved he comes to US

Fill out lots of paperwork

Answer 13

do not listen to anything these ignorant, rude people are saying.

i hope everything works out for you and your daughter!