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Violin · Aug 22, 2008, 09:16 PM

What are my options?
*My boyfriend and I have been together for 4+ years... He is here illegaly but has never hurt a fly. What are my options so we can get married without getting slapped in the face or hit with a major penalty. Someone suggested k1... but I'm not too familiar.
Help.

lawanwadee · Aug 22, 2008, 09:32 PM

Originally Posted by Violin

What are my options?
*My bf and I have been together for 4+ years...He is here illegaly but has never hurt a fly. What are my options so we can get married without getting slapped in the face or hit with a major penalty. Someone suggested k1... but I'm not too familiar.
Help.

I have answered one here: https://www.askmehelpdesk.com/immigr...rd-251572.html

If he entered US without inspection, he has to return to his home country while you file a petition for alien spouse for him. Since he is in US illegally, I do not recommend K-1. You will do better with spouse visa but you need an experienced immigration attorney.

Fr_Chuck · Aug 22, 2008, 09:34 PM

Yes, he will need an immigration attorney and has to file for legal status to stay in the US, Even if married, they sometimes have to return to their nation to come back legally.

Violin · Aug 22, 2008, 09:40 PM

Not at all my situation...

He actually crossed the border illegaly when he was 18. The reason we were told to go through with k1 is because he can go back without a trace of being here at all. He is a wonderful man. It's not that he is committing a crime, it's that he wants to make better of his life and his capabilities.

She told us that he can go back and I can file for him while I am here in the states. If he were to have over-stayed a visa prior to our filing, that's committing a "crime"... you know? So really if he has no trace of ever being here... won't that be OK?

lawanwadee · Aug 23, 2008, 09:50 AM

Originally Posted by Violin

Not at all my situation...

He actually crossed the border illegaly when he was 18. The reason we were told to go through with k1 is because he can go back without a trace of being here at all. He is a wonderful man. It's not that he is commiting a crime, it's that he wants to make better of his life and his capabilities.

She told us that he can go back and i can file for him while I am here in the states. If he were to have over-stayed a visa prior to our filing, that's commiting a "crime"... you know? So really if he has no trace of ever being here...won't that be ok?

It's easy just to assume he won't get caught because he entered US without inspection, so just sneak out and pretend he's never been in US before... in reality, it's not that easy.

Here's the facts:

Many federal agencies share the same database and many regulations were recently launched in order to prevent crimes, illegal immigrants, etc. Information covers all issues from financial records, taxes, immigration, driving, social security, airlines, police records, etc. More than most people expected. So the chance that USCIS will find out he has been in US is just in one click.

Procedures of filing immigrant visa or fiance's visa require detail history/background of that person. So be prepared to disclose records of employment, taxes, education, etc. In case that person has lived in other country longer than 6 months, he/she needs to have criminal clearance from that country as well.

Talk to immigration attorney, don't just listen to what people say. Many regulations have been changed since 9/11 and sometimes 3-4 times a year. Immigration is an issue that is impossible to make it happen overnight.

Violin · Aug 23, 2008, 06:56 PM

O So is my only option getting married in the US and applying that way? How do I go about doing so?

lawanwadee · Aug 23, 2008, 08:05 PM

Consult immigration attorney... the good thing is he doesn't have any criminal record. It helps a great deal.

Camborio · Aug 25, 2008, 04:07 PM

The reason it's easier to get married in the US than in Mexico is it's easier to prove hardship for the waiver to go through. My boyfriend and I are talking and trying to make a decision and we still may go the more difficult route and get married in Mexico, if we can't prove hardship, then I guess I'll just move down there or we'll try and move to Canada or Spain. I would say that getting married here is easier, but also to hire an attorney instead of trying to tdo the paperwork yourself. I've also been trying to find a website or chat room for people that are in similar situations, it's hard to go through all these questions.