If I Am An Illegal Immigrant W/o A Visa And Get Married Can My Spous Still Apply For The K3 Spousal Visa?

This Question From New Mexico Nursing Schools | 8 Answers


QUESTION:

I am now 20 years old was brought here at 5 years of age by my mother illegaly. We do not know what to do we now have a 2 month old and we are terrified that i will have to go back to Mexico where i know no one and have no life. Now dont think this is just to get citenzenship me and my fiancee trully love each other and we just want the best for our son. I have been here almost 16 years finished high school started college but had to drop out of nursing school due to the fact that i would not be able to finish because im an illegal immigrant. Me and my fiancee just want the best for our son and that sure does not mean me being sent back.

8 Comments so far

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  1. Ricku on September 28, 2009 12:27 am

    You should get married and he should file an I-130 for you. Forget about the K-3 visa, because you don’t want to go back to your country.
    The law saids that if you have been here for more than 10 years, have a husband who is a citizen or children who are citizen; in case you are bring to the Immigration Court (meaning you have to be detained by the INS and put on Immigration proceedings) you can ask for cancellation of removal. So unless you want to run the chance of not returning, you should just stay here and see what happens first, an amnesty or you getting detained.
    I recommend filing the I-130 because it will help you to have it approved if you ever have to go before the Immigration Court or it could be one of the requirements if an amnesty is approved. If you have more questions feel free to contact me at my e-mail ricku55 at yahoo.

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  2. Tina on September 28, 2009 12:28 am

    Your case will have far too many variable factors for which to answer here and no doubt there is more to this story than you are telling us.
    Seek the services of an AILA (American Immigration Lawyer Association) approved lawyer. The link below will direct you all the AILA approved lawyers in your area.

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  3. CPG on September 28, 2009 12:49 am

    If you are an illegal you should go back where you belong. It is not our fault that your mother screwed you. Now you have compounded the mistake by having you “anchor baby” here. The best for you son is if he didn’t have an illegal alien for a mother! Too late for that!

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  4. Docar on September 28, 2009 1:32 am

    He can’t apply for the K-3 unless you are back in your country of citizenship. I know it’s “inconvenient” but unfortunately, that is the reality that your mother chose for you.

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  5. Karin on September 28, 2009 1:53 am

    lawyer up… chances are you will need to leave while you apply. If you get caught here before you apply or are approved, you could get banned.

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  6. catmanin on September 28, 2009 2:46 am

    You need to hire a real lawyer to help with that .

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  7. Potato on September 28, 2009 3:26 am

    you NEED a lawyer…
    HURRY…

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  8. roberto_ on September 28, 2009 4:03 am

    Unfortunately, your mother’s choice has left you with few options, and you’ve been responsible for your own actions since you were 18.
    You’re not eligible for K-3 while in the US, and since you entered the US illegally, there is no way to be able to adjust your status either.
    The only way for you to become legal is for you to go back to your country of birth and have your spouse apply for you. You will be denied at the interview due to a 10 year ban caused by your stay in the US, but after the denial you can file an I-601 waiver. Your spouse would need to prove extreme hardship should you be denied, though the scope of hardship is broad.

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If I Am An Illegal Immigrant W/o A Visa And Get Married Can My Spous Still Apply For The K3 Spousal Visa?