Legal Question in Immigration Law in Iowa

us citizen married to illegal mexican

I have been married to an EWI mexican for close to 7 years. He's lived in us since 1998, never left. He plans to go back to mexico at end of year to see family. I would like to start imm. process to get him legal status here. Is it better to wait till he leaves so is seen as voluntary departure? Would we benefit from divorcing in US and then appy for fiance visa to bring him back to US and re-marry? What exactly is the process after filing the I-130? We have no children together and I am worried about the interview that will inevitably come. Even though the marriage was entered into from love and not for legalization purposes (15 year age difference-I am 43, he is 29). Any help with this is greatly appreciated. Thank you.


Asked on 3/31/08, 12:41 am

2 Answers from Attorneys
Glen Prior Pacific Law, Inc., P.S.

Re: us citizen married to illegal mexican

There are some options you may have. Did husband come through a port of entry even though he did not have a visa? see http://immigrationflowchart.com (a free service) at end141 Matter of Areguillin, for possible adjustment of status in U.S.., is husband a Mexican citizen? see above site, end420, end546 (Pilot program for I-601 waivers to have them adjudicate within a week or so). No need to divorce because there is a K-3 application you can file. See http://immigrationflowchart.com at end420,546,568,27, and Q E141. Glenbb

Read more
Answered on 4/05/08, 3:35 pm
Michael Cho Law Offices of Michael Cho

Re: us citizen married to illegal mexican

He'll need to eventually return to eventually to Mexico to consular process for his permanent residence.

Additionally, he'll be submitting a waiver of the 10 year bar he's subject to; this is done by scheduling a separate waiver interview to roughly coincide with the consular interview and submitting a thorough and well-prepared waiver package.

Read more
Answered on 3/31/08, 12:55 am


Related Questions & Answers

More Immigration Law questions and answers in Iowa