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msbug · Jun 5, 2008, 01:00 AM

Please HELP! My boyfriend and I have been dating for a year now. We are very much in love and are planning on getting married this summer. I am a US citizen. He is from Mexico and is illegal in the US. His parents brought him here illegally when he was 5. When he was 8 his parents made arrangements for him to apply for citizenship as if he was a citizen from Guatemala. This led him to be given a social security number connected to a name that is not his completely. For example: If his name was Thomas Edward Brown, it would only be Thomas Brown. Also, his birthday was completely changed. Now he has an order of deportation from ICE yet he is still here. He graduated from HS with almost straight A's and is attending college with a GPA of 3.5. Anyway, we want to get married and I want to give him citizenship but I have NO idea where to start. What is the best way for me to apply? Will his situation with his alias affect the proceedings? How? Thank you for taking the time to read this. Please let me know if you know ANYTHING at all. Thanks in advance! :)

TheCleaner · Jun 5, 2008, 04:39 AM

You usually start by getting a fiancé visa but really his case is complicated. Usually I never recommend to hire a inmigration attorney but this time I think that is the only way to go. Get ready to pay somewhere over 5,000 plus filing fees.

It should be a way if he is married with an american citizen, it wasn't really his fault

Carl.-

lawanwadee · Jun 5, 2008, 01:57 PM

You cannot apply for finance visa as he is already in US.

If you are legally married, and you file for adjustment of status for him, your application will be denied unless he files a waiver on ground of hardship and gets an approval. This is a serious and complicated case, you need to get a good immigration attorney. As you mentioned there's deportation warrant on him, this matter should be taken care of ASAP.

Lowtax4eva · Jun 6, 2008, 12:15 PM

His best option is to leave the country, you two get married, then file the immigration papers for him to get a green card legally and have him re-enter legally.

You can try and do this from inside the US under the claim that he was brought into the US against his will and maybe (stress maybe) someone will stop the deportation and allow you to file all the papers from inside the country but best to do it the legal way above.

msbug · Jun 7, 2008, 01:15 PM

Originally Posted by Lowtax4eva

His best option is to leave the country, you two get married, then file the immigration papers for him to get a green card legally and have him re-enter legally.

You can try and do this from inside the US under the claim that he was brought into the US against his will and maybe (stress maybe) someone will stop the deportation and allow you to file all the papers from inside the country but best to do it the legal way above.

So we would have to get married in Mexico? Also, how difficult would it be for him to get the green card once in Mexico?

lawanwadee · Jun 7, 2008, 03:15 PM

Originally Posted by msbug

So we would have to get married in Mexico? Also, how difficult would it be for him to get the green card once in Mexico?

You can get married either in US or in Mexico, but he has to leave US while you submit the application for immigrant visa for him. This matter needs to be handled by experienced immigration attorney as you need to submit a waiver explaining this issue to the consulate that why he should be allowed to get the visa. This is complicated matter and timing plays the key role.