Marriage to an illegal Mexican in the US.

[Shaq]

What is the name of your state? Wisconsin

Can a person marry an an illegal Mexican in the US, who came to the US illegally? If so, what steps do you have to take to make everything legal? (Marriage and Spouse)

 

[ImmigAttyLana]

You can marry someone who entered the US illegally BUT you cannot confer any immigration benefits on that spouse through marriage without that person leaving to go to their home country to consular process for an immigrant visa. However, due to the amount of time they overstayed in the US, they will trigger an automatic 10-year bar to reentry to the US by departing the US and, unless waived on the basis of a showing of extreme hardship to a US citizen, this will mean that they cannot return to the US for a period of 10 years.
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[indybabe]

Marriage to a Canadian

You can marry someone who entered the US illegally BUT you cannot confer any immigration benefits on that spouse through marriage without that person leaving to go to their home country to consular process for an immigrant visa. However, due to the amount of time they overstayed in the US, they will trigger an automatic 10-year bar to reentry to the US by departing the US and, unless waived on the basis of a showing of extreme hardship to a US citizen, this will mean that they cannot return to the US for a period of 10 years.
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

My daughter left the US for 6 months and went to Canada to live with her boyfriend. She became pregnant and has now moved back to Indiana and brought him with her. They arrived here May 28, 2005 and married June 19, 2005. The baby is due October 13, 2005. My daughter cannot find employment due to her pregnancy and her husband does not work because he is an immigrant. His mother is paying for their rent and they scrape by for groceries. My daughter is signed up on WIC. What can they do to expedite paperwork to get a work visa for him? What papers should he file and in what order? Can any charges be waived since they have no income? He is 23 and she is 19. Thank you in advance for any help you can offer!

 

[I AM ALWAYS LIABLE]

What is the name of your state? Wisconsin

Can a person marry an an illegal Mexican in the US, who came to the US illegally? If so, what steps do you have to take to make everything legal? (Marriage and Spouse)

My response:

I just LOVE your first sentence!

IAAL

 

[ImmigAttyLana]

They have already been married for more than 2 months but did not file anything thus far? He could have potentially already had an employment authorization document if they filed all the paperwork in a timely manner.

The fees are not going to be waived and they will have to submit all the USCIS filing fees along with the applications. In fact, your daughter will need to show that she is deriving a sufficient income to support her husband. If she is unable to do so, she will need to have a joint sponsor complete an affidavit of support on behalf of her husband and file that along with the rest of the petition. If he is a Canadian and entered the US lawfully, he will be eligible to apply for permanent residence on the basis of marriage to a US citizen and, along with that application, he will be eligible for employment authorization while the permanent residence petition is pending.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter