Married to a Mexican immigrant, trying to obtain US citizenship (green card, Mexico)
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This is my first post in this forum. Im currently married to a Mexican immigrant. He was brought into the US legally with his father's Visa at age 6 and never got his papers done after the Visa expired. I'm not familiar with these processes. He's completed highschool, is now 22, and we have been married for 2 years with a baby on the way. I have been a US citizen since birth, and I was wondering if anybody has any idea on what laws and methods are needed to take in order to obtain a US citizenship in my situation. We are going to talk to a lawyer soon, but I was just wondering if there's any advice anybody can give just so we can have an idea. Thanks in advance.
Actually, this does pertain to illegal immigration since the visa expired...he is now an illegal immigrant. However, I do not recommend this forum to you. There are a lot of people here who are against illegal immigrants and will tell you he needs to get deported. I suggest you wait until you talk to your lawyer.
Last edited by zacatecana; 05-26-2010 at 01:07 AM..
Go to a lawyer is the best advice. As long as your husband wasn't working here illegally, his situation may be different from that of others. Also it depends on other factors - like criminal including deportation record.
Too bad you didn't try to do things the legal way before marrying him though, as a fiance visa is certainly quite easy to do. Doing a green-card marriage is easier when it's before the marriage than as an after thought - but everyone's situation is different.
Actually, this does pertain to illegal immigration since the visa expired...he is now an illegal immigrant. However, I do not recommend this forum to you. There are a lot of people here who are against illegal immigrants and will tell you he needs to get deported. I suggest you wait until you talk to your lawyer.
That might be because he needs to apply the right way, just like my wife had too, and my step daughter is in the process of doing.
Level playing field. Thats all.
What the op can do is get with a lawyer who specializes in immigration law. That really is the only option that she should be thinking about.
Going to a forum will deliver nothing but questionable advice.
If he entered legally "with inspection" at a controlled border point (and can prove it with a passport stamp or other documentation), then he is now "out of status" living in the United States on an expired visa.
This should not be a barrier to him obtaining a Green Card (LPR) based on his marriage to you, a US Citizen. He should not have to return to Mexico to get his LPR. It will take you about 1 year and USD 10,000 in fees to get the initial LPR (without a lawyer, more $$ with one). If you have been married for less than 2 years, it will take another year and $1,000 more to get a 10-year LPR for him 2 years after his initial LPR is issued.
Since he is out-of-status, you will get some extra scrutiny and maybe a fraud review when you apply. Keep your cool and tell the truth through the process and you should be fine. The baby will help prove you are a legitimate couple.
I strongly recommend finding this book: "Fiance and Marriage Visas: A Couple's Guide to Immigration" Google or Amazon it. You should be able to DIY his LPR by using this book to guide you through the process alone.
Be very suspicious of all immigration lawyers. They are often shysters or incompetent. If I were you, I would consult with one, but not hire one unless you check the book and think you can't handle it yourself. Double-check all the lawyer's work, because if they screw up a date or misspell a name, it can cost you years and thousands of dollars, maybe even getting you in real legal trouble.
If he entered legally "with inspection" at a controlled border point (and can prove it with a passport stamp or other documentation), then he is now "out of status" living in the United States on an expired visa.
This should not be a barrier to him obtaining a Green Card (LPR) based on his marriage to you, a US Citizen. He should not have to return to Mexico to get his LPR. It will take you about 1 year and USD 10,000 in fees to get the initial LPR (without a lawyer, more $$ with one). If you have been married for less than 2 years, it will take another year and $1,000 more to get a 10-year LPR for him 2 years after his initial LPR is issued.
Since he is out-of-status, you will get some extra scrutiny and maybe a fraud review when you apply. Keep your cool and tell the truth through the process and you should be fine. The baby will help prove you are a legitimate couple.
I strongly recommend finding this book: "Fiance and Marriage Visas: A Couple's Guide to Immigration" Google or Amazon it. You should be able to DIY his LPR by using this book to guide you through the process alone.
Be very suspicious of all immigration lawyers. They are often shysters or incompetent. If I were you, I would consult with one, but not hire one unless you check the book and think you can't handle it yourself. Double-check all the lawyer's work, because if they screw up a date or misspell a name, it can cost you years and thousands of dollars, maybe even getting you in real legal trouble.
Make an infopass appointment at your local USCIS office and ask an Immigration Services Officer what you need to do to make him legal.
Unless your case is really complicated I don't reommend an attorney. A complicated case would include any criminal conviction on your husbands behalf. As long as your husband is a non-criminal, his last entry into the US was legal (And he has proof of that legal entry), and your marriage is a valid one it should be fine to go ahead without a lawyer.
You need to file several forms and and Infopass appointment will tell you what you need. Go to www.uscis.gov for forms and costs. It should in no way cost $10,000 unless you hire a lawyer. Maybe $1500 - $2000 at the most. If you have already been married for 2 years and he gets granted for a green card he will be issued a 10 year card. Conditional cards are only issued to those who have been married less than 2 years.
This is my first post in this forum. Im currently married to a Mexican immigrant. He was brought into the US legally with his father's Visa at age 6 and never got his papers done after the Visa expired. I'm not familiar with these processes. He's completed highschool, is now 22, and we have been married for 2 years with a baby on the way. I have been a US citizen since birth, and I was wondering if anybody has any idea on what laws and methods are needed to take in order to obtain a US citizenship in my situation. We are going to talk to a lawyer soon, but I was just wondering if there's any advice anybody can give just so we can have an idea. Thanks in advance.
His education and marriage to you are irrelevant. He is an illegal immigrant and is not eligible for a green card or US citizenship in his current circumstances. You will need a lawyer but if I were you I would not hold out much hope of this being an easy, cheap, or painless process. There's a good chance he will be deported and banned from traveling to the US for a considerable period of time. They won't care that you're pregnant and honestly it is not the US government's problem; they'll tell you "you should have known better."
His education and marriage to you are irrelevant. He is an illegal immigrant and is not eligible for a green card or US citizenship in his current circumstances. You will need a lawyer but if I were you I would not hold out much hope of this being an easy, cheap, or painless process. There's a good chance he will be deported and banned from traveling to the US for a considerable period of time. They won't care that you're pregnant and honestly it is not the US government's problem; they'll tell you "you should have known better."
Good luck. You will need a LOT of it.
Not true. He is an overstay. As long as his last entry was legal and he has proof (I-94, stamp in passport, visa, etc) then he is fine (barring any criminal activity on his part, that is).
BigDGeek has no idea what he is talking about. Ignore him.
Quote:
Originally Posted by onecrAZyone
It should in no way cost $10,000 unless you hire a lawyer. Maybe $1500 - $2000 at the most.
You're right, I've been overstating. $2000-3000 is more realistic.
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