Illegal and Help and Marriagegreenspun.com : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread
My girlfriend and I want to get married. She entered illegally. We have talked to many attorneys and there are two options.
1. She goes back....blah....
2. I marry her here and then she goes back and applies for a forgivenes waiver.
Which is better...going back or going forgiveness. WE realize she will have to return, but should she be married first..
-- Aaron (firstname.lastname@example.org), March 07, 2005
Marry her whereever it is most convenient for the two of you. File an I-130, either here, or if the local consulate permits it and you can travel, at the U.S. Consulate in her home country. If she came across the border, she will have to rerurn to her home country to process there and she will need a waiver for her unlawful presence. The waiver is based on showing extreme hardship to you if she has to stay outside the U.S. for 10 years. If she is from Central or South America, the odds of getting the waiver are good. It is a very risky proposition anywhere else. you should get an experienced lawyer in any case.
-- Michael Boyle (email@example.com), March 07, 2005.