How much time and money does it take to become a residential alien?

Question

My girlfriend and her youngest son are residing in the US illegally. We have been together for 3 years and have wanted to marry. However, we were told she would have to move back to Mexico for 6 months... Is this true? My ex-wife is Morroccan and we were able to receive her I-9 within 90-days of our marriage. Also, how difficult would it be for me to adopt him? He was abandoned when he was a newborn and has never received any support (financial or emotional) from his father. I don't understant how her son's been able to attend public school without any documentation, yet she is unable to enjoy employment without the persecution of "Homeland Security".

Answer 1

First you will have to get married.  Once you do get married you should have her move back the the Mexico.  Once she is there you should fill out I-130.  This will allow here and the child to return to the US legally.  

Before you do any of this you should visit an imargration attorney, because she has technecly broke federal law.

Answer 2

immigration laws keep changing. the best way is to talk to immigration attorneys and find out what she can do.

she may have to go back to Mexico longer than 6 months, but  immigration case is different for each person, and i cant say much from your info

Answer 3

Their ability to become legal residents while in the US depends on whether or not they entered the US legally to begin with. It doesn't sound as if they did. If they didn't, they will need to go back to Mexico at some point to apply for their immigrant visas, before they can live legally in the US. You would have to file separate I-130 immigrant visa petitionsf or them after you marry, assuming the child is under 18 at the time of your marriage. He  would be considered your stepson. You don't have to adopt him in order to file a petition, but if you want to for personal reasons, I'd wait until he's here legally and then you can do it under the state laws where you live.

Your wife is currently ineligible for a visa since she's been living here illegally for over  a year. Her son would be too if he's been here illegally for over a year after the age of 18, but then you wouldn't be able to file for him anyway. So, once the petition is processed and sent down to Ciudad Juarez then, she'll be turned down initially at the interview and have to apply for a waiver through USCIS, which conveniently also has an office at our consulate there. If the waiver is issued, and assuming she doesn't have any legal problems beyond being here illegally it probably will, then they'll be able to get their immigrant visas, return to the US and live here legally afterwards. Check out uscis.gov for more information and forms, and http://ciudadjuarez.usconsulate.gov/ for information on how they handle things down there.