My Fiance is an Illigal alien from Mexico............What do I do?

Question

My fiance is an illegal alien from Mexico, he was brought over to the U.S in 1999 by his parents. In September we will celebrate 5 years together, and we have a 6 month old child together. We want to get married legally, and make him legal. I have herd so many rumors, and so much advise. What should we do? Should we get married here then fill paper work? Should we go to Mexico and get married? Should he go to Mexico alone then I file for a Fiance visa? I am So confused, any advise would greatly help!!!!

I just wanna know what is the best answer... I love him...We have a son he is a Great dad I dont want him to miss out on him growing up because he gets deported.

Answer 1

first thing first marry the guy.  then apply   he will be deported  depending if hes ever been deported before. but the sonner the paper work the better  takes about 2 years start to finish just to get a green card. you will spend $3,500  maybe 6,000  if you get a lawyer which he will need to try and not get deported    but it wort it

Answer 2

get him a green card that worked for my mom and dad

Answer 3

marry him and it makes it legal i think and he bacomes a citizen.

Answer 4

hello Krystal unfortunately seems like u haven't got a single answer right according to what i know and that includes the answer from the guy bellow atomic , anyways .... whether or not u would be able to fix his status does NOT depend in u getting married to him , u having a son with him or even in him going back to Mexico , it does not so please ignore any other answers u have received so far .

anyways he being able to stay in the USA does depend in two factors mostly which are the way if he came into the USA and how long he has been in the USA with out documents . if he came legally and his papers expired later then u can actually petition him with out him having to leave ( if he leaves it would take longer ) , however if he did not came  legally and has been in the USA more than a year with out papers then he would have to face a ten year ban whether or not he leaves or not , the worst part about that its than there has to be records of him being here somewhere which the FBI would find if there is any , plus u can be sure than if there is not records of him and he was able to comeback to his country u would be faced with other challenges such as how did u two meet if he has been in his country all this time .... anyways i recommend u to go seek a lawyer so than he tells u exactly what u can really do . best of luck to you and make sure to call ur representative and senators letting them know u support a legalization of all the undocumented with out criminal records , u don't have to tell them much about u just than u support a comprehensible immigration bill .  best of luck again and i hope my answer helps , seek a certified immigration lawyer ...

note : if he has NOT been more than half a year with out papers in the USA after his 18 birthday then he having been in the USA with out documents would not be held against him .

EDIT : if ur husband came legally then u should do exactly as fragglerockqueen told u WITH the help of a lawyer , if u do not meet the 125% over poverty then u would need a cosponser .

Answer 5

Move to mexico

Answer 6

Do not wait for someone to help you please I am 4 months pregnant right now and my husband has been in mexico for 3 months barely and I miss him so much. He still has 7-9 months left and I need him here, so I know what you are going through.

Ok now log on to this forum, these ladies will tell you what you need and what numbers to call. These ladies have already been through what you are going through and if not they will try to help you out. Trust me they have helped me out and told me what to do. Not even my lawyer told us so many things I needed to know before I went to Ciudad Juarez. Go to:

www.smf.juarez-mexico.com   Alot of them can answer all of your questions and they can be your friend at the same time. I don't know what I will do with out them. I am also still in the forum.  Or there is also another forum that will give you great help in your answers- www.immigrate2US.net

You can also try- www.travel.state.gov

Hope this can help you

Answer 7

Turn him in!

Answer 8

if you are really serious about this whole thing, stop wasting your time on this site and go find a reputable immigration lawyer.  No one here could give you the advice that you need, YOU NEED PROFESSIONAL HELP AND THEY DO CHARGE FOR THEIR SERVICES!!

Answer 9

You cannot make an illegal alien legal if he is in this country illegally.  He must go back to hiw own country and apply to come back legally.  You and yur anchor baby could go back with him and wait the processing time out.

Answer 10

Marry him. Losing his family would be tragic for him, and everyone involved. Marry him soon.

Answer 11

Move to Mexico and then marry him there.

Answer 12

Dear Krystal...

Not a single person on this forum has answered you correctly yet. I am a top contributor in the immigration forum b/c I know about the law... it is what I do for a living.

Let me start by stating that retaining an immigration attorney would be in your best interest. It would take approximately $4,000 to $10,000 depending on where you live. The attorney will tell you (as I have heard them tell others before) that if the person is already here in the States, your best bet is to go ahead and marry them. That in and of itself is going to be a bit difficult depending on where you live. MOST states now require a social security number when filing a marriage application. You can contact the court house or possibly go online to see what your county's requirements are. At worst case, you may need to travel out-of-state to someplace like Nevada or California (they have lax requirements regarding social security numbers on applications).

Once you are married, retain the attorney and begin the process of applying for Permanent Residency for your husband. You will need to file an I-130 and provide various documentation that proves yours is not a marriage "in name only" for him to gain residency (said documents will include things like the marriage certificate, photos of the wedding, possibly witness testimony/ signatures, copy of child's birth certificate, proof that you yourself are a US Citizen, tax papers showing that you can support him 125% above the mandated poverty line, etc.).

Your husband WILL need to wait in Mexico to be approved. The good thing is that since he is an immediate family relative, he will not need to "wait in line" for a number to become available (and good thing, too, since the quota for Mexico has been filled through the next two months - possibly even longer depending on how many people are applying). Once he is approved (and no, he will not necessarily receive a ban b/c MANY come here without permission... whether or not he is involved in deportation proceedings or leaves on his own accord will determine if there is a ban), he will be "invited" to come to the US (paperwork received from the Embassy in Mexico).

The whole process can take as little as 6 months (don't hold your breath) or as long as 3 years. The average time is between 1 year and a year & a half. That being said, if you do not want to live without your husband for that long you can do one of two things...

1) Once you marry & begin residency petition for him, you can get passports for you and the baby as well as a visa to remain in Mexico for up to 6 months. You will need to renew the visa at the end of six months for another 6 months until your husband receives approval from the US.

2) The two of you can scrap the whole idea and move to Mexico.

Ultimately, talk to a lawyer and also check out the website:

www.uscis.org

Answer 13

You might want to talk to a lawer about this. From what I know, getting married doesn't  make him an automatic citizen. Even if you do get married, the process could take years and a lot of cash and he's still risking deportation. The Patriot Act has made it difficult if not impossible to make him a citizen.

Answer 14

marry him and he'll get a marriage visa but theres a lot of paper work involved

Answer 15

Every answer above me is wrong except atomic.

Marriage does not grant someone a green card.

If he entered illegally then there is only one way to gain legal status and that is to return to Mexico.

The citizen can then file for a K1 visa to bring them back for marriage in the US.

If he is already in the immigration system, he may have to serve some ban time according to how long he has been illegally in the US.

If you file visa paperwork while he is in the US, you might as well pack his suitcase, because they will begin the deportation process and then he will have a 10 year ban from returning to the US.

Spend some time on the immigration website before you take the advice of the people that say to just get married.