The question and answer are locked and cannot be edited.

With the marriage of a citizen to an illegal alien what is the hardship the person would endure to waive the 10-year-bar?

already exists.

Would you like to merge this question into it?

already exists as an alternate of this question.

Would you like to make it the primary and merge this question into it?

exists and is an alternate of .

I would love to know myself. I am in a similar situation. I have spoken to an attorney. I will tell you my situation and hopefully it will be of some help to you. I am in love with an 'illegal alien' that has overstayed his visa in the United States. We are very close to getting engaged....I thought as a US Citizen it would be no problem, but being that he overstayed his 'visa' - its a lot tougher than I thought.
My attorney advised us NOT to leave the country. But if we do leave the country and head over to his country to do 'our papers' then he can face the possibility of getting a 10-year ban from entering the US. At that point, me 'as the spouse' would have to file a petition of waiver (that can take up to 6-12mos). Even after they review my petition the US Embassy might not grant the 'waiver' and I would have to reapply. So the burden we would have to face is of 2 things: Either I would have to be stuck in his country until he finally is permitted 'legally' back into the US; so not only would I be leaving my family, I would be leaving my job, and I would be in a 3rd world country of poverty.
Or I would have to face the burden of me going back to the US without him until everything is resolved. The point of us being married is to be together not apart. Its tough! It is not easy!
My attorney, however, has advised us to wait for the 'laws' to change. Hopefully you are keeping up with the news because President Bush has submitted a proposal for illegal aliens that are here in the US. Hopefully this proposal will be passed before election of Nov. 2004; if not we will have to wait til after election, but either way there will be new laws on the way for illegal aliens; so we may not have to face any 10-year bans!
Hopefully this has helped you!
  • I have spoken with a lawyer also, and he is an immigration attorney for illegal aliens. He told me that my husband will be able to return to the US in 1 to 1 1/2 years after applying for a visa. You do have to get a waiver to remove the ban, but my understanding is that the ban is however long the illegal alien was in the US illegally. Ex. My husband was here 4 1/2 years illegally, so they would ban him for 4 1/2 years plus the 1 to 1 1/2 years to process his visa. Hope this helped.
 There is a whole forum dedicated to the I-601 at immigrate2us


ANSWER

Please get another attorney !!! If your fiancee OVERSTAYED HIS VISA, he will be fine if you get married, I DID TOO !! and i was able to obtain my green card. The process is pretty straight forward, you can even do it yourself but it'll be a lot easier with a COMPETENT attorney. In the other hand if he came to the country "MOJADO" (WET) crossed the border without Immigration inspection, now he is going to get out of town and will have to wait 10 years unless a waiver can be obtained which is difficult.

Answer 09/07/08

So I might be waaay too late on this.. but I am in the same situation too! But I would advise this.. The hardship you have to go through has to be medical. Most of the time, the INS and all that will actually be MORE understanding when It's an actual medical problem, and you NEED your husband/wife. And If he has or she has the 10 year ban already and you did the petition.. Best thing to do is to PROVE that you need that person here. DO not LIVe there with him or her. Because that will prove that he is not as important to come here because you can go there. A visit every month or every other month, whatever. Proves that you need him/her, but you come back.. and prove that he needs to be here. Get it?
214 people found this useful
Thanks for the feedback!

Can an illegal alien who is applying for residency through marriage with a US citizen divorce and marry another US citizen while the paperwork is processing?

  Answer     If such action is taken the application for citizenship will become null and void and the non-citizen will have to wait the required three years bef

If a US citizen marries an illegal alien is the marriage legally binding?

  Answer   After 2 years of marriage she/him can file their legal papers and if everithing look clean enough acording to Immigration they become legal and they will

Can an illegal alien become legal by marriage to a US Citizen?

  Answer   No, but the person you marry can sponsor your citizenship making it easier. It takes about a year, because the us citizen will be investigated and both

How does an illegal alien become a citizen other than marriage?

  Answer   Illegal immigrants cannot become permanent residents or obtain citizenship by marrying a US citizen or any other means, such as having a child born of suc

How do you get a marriage license for a US citizen and an illegal alien?

No state requires citizenship for obtaining a marriage license. TheUS citizen presents his US ID to the clerk. The non-US citizenpresents his foreign passport. You pay the fee

Will a illegal alien who married a US Citizen be deported after marriage?

First, When the INS catches the illegal alien, they WILL be deported. After paying a $1,000 fine, and waiting 3 to 5 years, the alien may then apply for a marriage visa, a gre
In Uncategorized

What are the 5Cs?

If you mean the 5 C's, like you learn in school and such, it's Cotton Citrus Copper Climate Cattle

Does illegal alien who has been in us without i94 more than 10 years can stay in us after marriage with us citizen?

Staying without a valid visa is a serious crime and it can never be set right by marrying a US Citizen. The Government will deport the illegal alien back to his homeland. That

Can an illegal alien who legally married a us citizen get a green card after 25 years of marriage?

Before starting the green card process its important for the alien to first legalize status in US.The successful marriage could be an added advantage for this.Alien may file F