Marrying an Illegal Alien

Factual Questions
21

Montfort, I’ll try to keep you aprised. I think the I-129F is the petition itself, and the visa proper will be referred to as K1. My wife has a Mexican passport.

As per the advanced parole thing, we didn’t do anything at all like that, and don’t have any 8.5"x11" pieces of paper. Maybe the “advanced parole” (like ruadh mentions) is for use only BEFORE the application for change of status? That is, had she needed to leave the country before we applied for the green-card, we’d have needed to file for advance parole and get the nice certificate-thingy.

But now that we do have the change of status paperwork done, my wife is already a conditional permanent resident. Hence, she only needs the special INS stamp in her passport to get back to the USA. At least the Windsor/Sarnia INS were happy with that (I don’t think Michigan’s a haven for illegal Mexicans, yet, although they don’t need a visa to get into Ontario…).

22

No, the advance parole is for AFTER the adjustment of status is filed for but BEFORE the conditional permanent residency is granted. Unless they’ve changed the law in the past 15 months.

23

Wow, this stuff is confusing. I managed to fill in and file the I-129F without a lawyer, as everything is (relatively) straightforward on that application. But, I get the sneaky feeling I’ll need a lawyer for the adjustment of status application after we get married, eh?

24

Re: Marrying an Illegal Alien

“At the INS, no-one can hear you scream.”

:stuck_out_tongue:

25

It can be done without a lawyer. People do it all the time. If Anniz has no “issues” that might concern the INS, then no, you don’t need a lawyer.

26

I suggest nolo.com because they are a terrific law center with books to read on subjects like this. They are great, here is a link on the effect of the new green card law:
http://www.nolo.com/category/im_home.html?t=0030LFNAV03202000

Also, do buy their book if you can.
U.S. Immigration Made Easy

                               ISBN: 0-87337-612-9
                               8th Edition, Feb '01

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27

FWIW, I didn’t use a lawyer anywhere in the process. On the other hand, I wasn’t marrying an illegal (as per the OP) :slight_smile:

28

Okay, cool. No, she doesn’t have any issues, and nor do I (being the upstanding born-in-the-USA citizen that I am). It just seems rather maddening and confusing.

Balthisar, how long did it take for your I-129F application to proceed, from date of application to receiving the K1 visa? I’m under the impression that it takes about two months (at the INS Vermont Service Center, which serves my home state of Maryland), but I haven’t gotten any anecdotal testimony about this process.

29

Could be, but when she left they were still married. IIRC, they were married in '97 and the divorce proceedings didn’t start until this year. Is it possible for an illegal to obtain the card without living with the spouse?

30

>> Is it possible for an illegal to obtain the card without living with the spouse?

Eveery case is considered individually but as a general rule I doubt it.