Need help with Immigration laws and marriage....?

by **gillian59** » Mon Nov 21, 2011 6:02 pm

I have been dating my boyfriend for 3 years now and within the next year we are going to be engaged. I am a US citizen but he is a EWI " Entry without inspection" He is not technically an illegal immigrant yet because he is turning 18 in less than a year. I am planning on filing a fiancee visa form. But I am hoping that be doesn't have to return back to MX before we can go through with a marriage. I need other opinions and advice from people who have been in a situation like this.....what should I do

by **symington** » Mon Nov 21, 2011 6:12 pm

Only people who have a visa already may change their status while in the US. Since he has no papers, he cannot apply for anything in the US, nor can you apply for anything FOR him while he's in the US. If he remains here after the age of 18 1/2, he will be under a 10 year ban on returning.

The only way that he can come back is on a K-1 visa, where you would be married within 90 days. You cannot marry until you are both 18. You would have to be able to prove that you could support him.
http://travel.state.gov/visa/immigrants/types/types_2994.html#8

I like the way the language changes: it used to be 'illegal alien', then it was 'illegal immigrant', then 'undocumented worker', and now it's just an acronym: 'EWI'.

by **reid** » Mon Nov 21, 2011 6:15 pm

A fiancee visa is for someone to enter the USA for marriage to a US citizen. If he is already in the country, then there is no fiancee visa to have because it's only for entering the USA and being married in the USA instead of the other country. He can not even process a fiancee visa petition if he's not in the other country. In fact, he would have to go to MX and the US Embassy to apply for the fiancee visa. If he is illegal in the USA currently, he will not be approved for a fiancee visa due to his illegal status or criminal immigration record with the USA. Besides, being married to a US citizen doesn't automatically make him legal. It would just mean your husband is an illegal alien. All the illegal status would have to be sought out separately from the marriage.

by **edin** » Mon Nov 21, 2011 6:22 pm

A fiancee visa is for someone to enter the USA for marriage to a US citizen. If he is already in the country, then there is no fiancee visa to have because it's only for entering the USA and being married in the USA instead of the other country. He can not even process a fiancee visa petition if he's not in the other country. In fact, he would have to go to MX and the US Embassy to apply for the fiancee visa. If he is illegal in the USA currently, he will not be approved for a fiancee visa due to his illegal status or criminal immigration record with the USA. Besides, being married to a US citizen doesn't automatically make him legal. It would just mean your husband is an illegal alien. All the illegal status would have to be sought out separately from the marriage.

Afraid you're in limbo land at present seeing he's under 18. If he doesn't have papers he's illegal no matter the age. Fiancee form won't work seeing he or you may change your mind. Do like my friend wait till 18 get married then file for res. alien card, may have to pay a fine unless brought here as a young child and didn't know he wasn't legal.

by **kyledyr** » Mon Nov 21, 2011 6:27 pm

An illegal cannot adjust status in the US

Marriage and babies will not help either ..that is a myth
To become legal you have to return home
There is a specialty forum one that deals solely with your unique issue. http://immigrate2us.net

he should go back now ..then you can file for a fiancee visa for him ...

But go see an aila lawyer

he is already an illegal ...

by **osmont** » Mon Nov 21, 2011 6:37 pm

Follow the rules if you want to be together. He DOES need to go back to Mexico and re-enter legally with either a fiance visa or immigrant visa as a spouse. No way around the requirement.

by **bing49** » Mon Nov 21, 2011 6:39 pm

A person does not need to be 18 to be illegal. He IS an illegal. There is nothing you can do without him first returning to his home country and then going through the legal process from there.

by **montrel68** » Mon Nov 21, 2011 6:46 pm

You can't fill out a fiance visa if he is in the United States. You could try, but be prepared to part with a few thousand dollars.

Either he goes back or stays illegal permanently. Your choice.

by **treasigh** » Mon Nov 21, 2011 6:49 pm

There are no other options. If he entered illegally,he cannot gain legal status while he is here. He has to go back to Mexico.

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