My sister is pregnant and wants to marry a guy from Mexico, he is here illegaly, how can he stay legally?

Question

My sister is pregnant and wants to marry a guy from Mexico, he is here illegaly, how can he stay legally?

Answer 1

getting married.

Answer 2

Tell her to pray for an amnesty bill once President Obama takes office.

Answer 3

Marriage won't change his status if he is here illegally and entered that way.

He will have to return to Mexico and serve a ban based on how long he has been here. Then your sister can apply for a K1.

Answer 4

He can't stay,he must return to his own country and apply from there. He will likely never be in that child's life because of his actions and your sister will be raising a child with no help. See what happens when you sleep with criminals?!

Answer 5

by going through the process of applying for and eventually becoming  a US citizen

Answer 6

Because he did not go through a border crossing (ie..illegal), he has to return to Mexico first.  She would file an I-129F form (fiance visa) and they wait it out until his interview in Mexico.  He gets the visa and returns to the US.  They must marry within 3 months.  Then he files the I-485, change of status and will get his EAD to work, usually within 90 days.

Your sister must earn 110% of the poverty level for 3 people in order to be his only sponsor.  She would need a co-sponsor if she earns less than that but still needs to be the primary sponsor even if she earns $0.  

If he entered legally at a border crossing but is illegal for not returning to his country or outstaying a visa, that can be remedied by marrying in the US and filing an I-130 (spousal) and the I-485 (change of status) at the same time.  He could then remain in the country and get his EAD for a job while awaiting the green card.  That will run your sister about $1,200 in one fell swoop.  It works out the same if he waits in Mexico, just she only pays the I-129F at a different time than the I-485.

Answer 7

Have him take her back to Mexico with him, illegaly if need be.  h**l, its only fair.

Answer 8

What the first person said!

Answer 9

i agree with the first person

Answer 10

He can not. He must return to Mexico, wait out a ban (usually 10 years but they can apply for a waiver which might make the wait a little less if approved) then she can apply for a visa (marriage or fiancee) at which time he returns and they get married if they have not already done so and then fill out lots of paperwork!

Answer 11

There are a lot of silly anti-immigrant answers here. They conveniently forget that with the exception of the Natives, their ancestors were also ILLEGAL immigrants and that the natives are the only ones with the true rights to being in this country. Other than that, I can tell you because I know. It depends on how he entered the US. If he flew in legitimately, or entered through a port of entry showing a passport, then all they have to do is to get married. They need to do this as soon as possible-before the laws change and filing fees skyrocket. Once they marry, she must file for a petition for him to become a US resident. After three years of being together, he can apply for  US citizenship. If he has not entered legally, he must return to Mexico. She should marry him there and then consult a US immigration lawyer re: his being able to live in the US. He may or may not be allowed to do so. It depends on many factors, including whether or not he has a criminal record-and what is on that record. If he has any drug convictions or sexual ones, he can forget about it. Good luck to them both.

Answer 12

Obambi will give amnesty to all illegal aliens, with the possible exception of mass murderers. Just wait to he is president.

Answer 13

If they get married and your sister is a US citizen,  he will be the spouse of a US citizen and can apply to remain for that reason.  

If you sister is not a US citizen,  it does not matter if they are married or not.

If they do not get married,  even with an anchor baby (I am assuming the baby is his),  if he gets caught by ICE,  he gets to go to Mexico.

Answer 14

It's sad to say but the US Immigration Services does not care about any personal business (pregnancy, marriage, they probably wouldn't care if the person was sick & dying). The fact still remains.. this person is illegal. There's no good outcome of this so your sister really screwed herself over with this guy. Here's one option, the best option. Have him take a voluntary departure back to where he came from, Mexico. Since he is illegal but took voluntary departure he will be banned from the US for 1 year (more if he's been here for many years). After the year is up, your sister needs to file a K1 fiance visa. Once the fiance visa is approved, he will be legally allowed to enter the US to get married. From the time that the K1 visa is approved, they have 90 days to get married. Once they get married, they will then have to file a petition to adjust his status in the US (I-485). Once that is approved, he will receive his green card. The second option is to get married, file I-130, I-485, I-864 & I-765. While they are reviewing the papers, they will find out that he is illegal & they will deport him. He will be subject to a 10 year ban & possibly be allowed back into the US if he has a good lawyer & files a waiver. This process is costly & lengthy. People need to think twice about getting involved with illegals because of **** like this. The only way he will be around for her pregnancy, birth, etc is if he remains in the US illegally.

Answer 15

By becomming a worthless Democrap.

Answer 16

No

That was careless, better idea to get married BEFORE you get pregnant. The Immigration Service are well aware of this method of attempting to get admission. It won't work.

If they find him he will be sent home. Her pregnancy makes no difference.

Ian M

EDIT

Can your sister prove he's the father of the forthcoming child.