My fiance is an illegal and we have a daughter together, how does it work on getting his papers?

Question

He has overstayed his visa by about 5 or 6 years, but came here legally. We currently have a 7 month old baby girl together and he is employed(illegally) and in college. What can we do to get his papers? We plan to get married.

Answer 1

George L is the only one who gave you the correct answer.  Since he came here legally, with a visa, he can stay and adjust status as long as you have his old passport with the visa he came here in it.

First, get married.  That's the first step and you must do it.

Then.....

You file I-130, I-864 and G-325A.

Your husband files I-485, I-765 and G-325A.

File them at the same time, in the same envelope.  The cost to file is $1,365.

In 90 days he'll get a work permit.

In 6 months he'll have his green card interview.

In about a year he'll get his green card in the mail.

You can find the forms here.....

http://www.uscis.gov/portal/site/uscis/m...

Answer 2

I don't want to repeat what the others have said. They have given a lot of useful pieces of advice but there is something else that I would add: your fiance really has to leave the country but this is not easy these days. Don't forget that he cannot change flights in the States. If he does, he will get caught because if he transfers flights in the States, they will check him (not just his papers but he will undergo a very strict investigation like everybody else, this is a law that they did not have 5-6 years ago, that's why I'm telling you). I just don't understand how he can be in college illegally, I bet he's got a complicated case then. Good luck for your family. This is not gonna be easy. If he doesn't get caught, he will only have to wait 8-12 months for the GC after the wedding if you submit the petition there but if he gets found out, he will have to stay away for many years and as you know immigration officers don't care about splitting families. So just be careful.

Teacher, we don't know the real intentions of this guy. I think it's shameful that he overstayed for so many years but that does not mean he wants to have a child and a marriage for the papers.

Answer 3

Ship is *** out of the country

The only reason he is with you is for the papers

he got you pregnant just to try and stay here

Answer 4

Since he overstayed by more than 5 years, he now has to return to his home country, serve the waiting time and then you can start the visa process. He will have to remain in his country until approved.

Answer 5

wait til 21 yrs. old

Answer 6

You need an attorney.  You may be able to adjust his status, since he entered with a legal visa,  but it's going to be tricky.  Get a good immigration attorney to help.

Answer 7

haha he's a lucky one huh, let me tell you why.

you mention he came on a visa, that is good, if you marry him, he won't be deported, he can apply for permanent residency, it is a complicated case let me tell ya but, there is a chance, that's what changes everything, he came on a visa!!

maybe he would have to explain to an immigration officer why he overstayed his visa and he must convince the officer.

I strongly recommend you to contact an immigration attorney and explain everything detailed to him/her, since it's a complicated case, it's better to speak with an attorney to make sure you're doing the best thing and sending the appropiate forms and information, so before you get married, speak with the attorney =] and try to do it as soon as possible.

I wish you the best of luck and hopefully your case will be approved, I think it will ;)

Answer 8

pay to have "evidence" that he's been in mexico this whole time...cant cost more than 1k bucks

Answer 9

Overstayed his visa by 5 or 6 yrs???? Wants to become a legal citizen but can't follow the rules....7 month old baby just means one more mouth to support by the US government.  Although He can afford to go to college, I'm a US citizen and I can't afford to send my children to college.  He needs to be turned in to immigration and get deported immediately.    

Just so happens they do have a scholarship but it is still expensive,  we don't qualify for government housing and food stamps!

Answer 10

He needs to pay taxes.

Answer 11

you cant.

he must go home and apply legally - however long that takes.

Answer 12

George L & Yak Rider both had the right answers but it doesn't take that long at all. I applied in March & I've had my green card for a month. He should receive the work authorization between 30 - 90 days and his interview 30 - 365 days after that. The whole process took me 3 months from applying to getting the card in the mail.

Answer 13

Actually,if you are an American citizen, and you can prove that he came to the US on a visa, he doesn't have to leave, unless he's picked up by immigration and deported. So, if you're going to marry, don't tarry. You need to file the I-130 immigrant visa petition, the I-485 adjustment of status request, an I-765 work authoriziation request and some other forms.

You can check this out for yourself at uscis.gov. Take a look at the immigration forms and then take a look at the instructions for the I-485. On page 2 section 10 under Who is not eligible to adjust status, subsection F: You failed to maintain your nonimmigrant status "Unless you are applying because you are: 1 An immediate relative of a U.S. citizen (parent, SPOUSE...)

Anyway, it's certainly not a bad idea to consult an immigration attorney under these circumstances.

Answer 14

he needs to gack home to his  home country and submit all the necessary documents to get himself legalize. Marrying him is not going to speed the process.

Answer 15

He must go home and return legally. If he's caught he will be deported and banned for a number of years.

Answer 16

hey thats a perfect question for me, im going exactly through that, except my husband still has a valid visa and pasaport

you should go to a 'notaria', which is cheaper than a lawyer

you're gonna need income for the last years to show he has supported you, hopefully he filed taxes

if not your gonna need to borrow someones taxes

of course they ask for a specific amount of income

you also have to take him to get a medical exam, and they will ask for copies of the pasaport, visa, pictures of both you'll, and personal information like addresses, last jobs, etc

it is very important for you'll to get married...

you will need to take a copy of your marriage license

hope this helps...