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How to gain CA Residency Status?

Married couple wanting to file for residency...whats your thoughts in re of the following?

  • An illegal man (24yrs old) from Mexico but living in the U.S. is married to a woman that is 50yrs old (U.S.Citizen), Lived together for 2 years and married for 2 years. No children. The husband has had no problems with LE and is the sole supporter for the family. I have two questions to this scenario: 1. Will INS frown on this marriage and not accept an application for residency because of the age difference of the husband and wife? 2. Beings the husband is the sole provider for the family, will he have to leave the U.S. and have to re-enter again? Obviously the relationship was not formed to gain legal status as the two of them have been together for 4 years now. Can someone explain how INS may or may not react to this situation? Is the couple looking at a long hard struggle with INS for approval?

  • Answer:

    INS no longer exists. It's now USCIS. If the husband entered illegally and did not overstay a visa, then he will need to return to Mexico to file for a spousal immigrant visa, and when he does, his application will be denied on the grounds of his illegal entry and presence. He and the wife will then need to pay a lawyer thousands of dollars to file waivers to lift the bar on re-entry so he can come back legally and get a green card. He's the sole provider for a 50-year-old woman? Is she disabled, by chance, and living off SSI? That's another red flag on top of the age difference. If this is a genuine love match, then the two of them can find the money to pay a lawyer so they can be together in this country. Otherwise, she can move to Mexico to be with him. The cost of living is cheaper there.

Brendale... at Yahoo! Answers Visit the source

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An illegal cannot become legal through marraige to a citizen. He will be asked to attend an interview as part of the process where he will get a 10 year ban on reentry. No waiver is available unless one party is severely disabled. The woman would need to move to Mexico to prove the marraige was genuine and wait out the 10 years. Legal fees for waivers run from 10-25k and in this case have close to zero chance of passing.

workingman

The age difference will certainly raise red flags. The big problem is that he is illegal and will need to return home and re-enter legally even to be considered. And she will have to prove the income to support him, his illegal income will not be taken into consideration (and wouldn't be even if he were legal). That's just how it works.

Foofa

1. Even if the INS frowns on the marriage they cannot reject your application. If they try to, make sure the couple fights for their rights. 2. Most likely not since marriage is a good path to citizenship.

Jay Singh

An illegal cannot adjust status in the US Marriage and babies will not help either ..that is a myth To become legal you have to return home There is a specialty forum one that deals solely with your unique issue. http://immigrate2us.net Get an Aila Lawyer

Uncle

INS may look more closely at the case because of the extreme age difference but the couple is not breaking any laws by being together. The husband will have to leave the country because he entered illegally and since 2001 that has been the case. He will not know if he has been approved until after he has already returned to Mexico. The wife can go with the husband to Mexico and live there for 6 mos on a tourist visa (which is issued automatically at the airport) and then return to the US and come back again with another automatic visa (yeah i know how easy is that?!) Another thing, just because they have been together 4 years doesnt mean that its a legit marriage. They could think that he is supporting her and they are marrying for his papers... not saying its true, but they will look at everything. I suggest that the wife get to know his family in Mexico and take pictures of them together. She doesnt want to find out after the fact that his family is unapproving.

Mendi8a

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