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I am in a relationship with an illegal immigrant and would one day like to marry him. He walked into the U.S. and has been here for 3 years. I called the courthouse to see what information he would need to be able to get married and she said he would need a state ID. So I called my local DVM and asked how does he obtain a state ID and she said he would have to have an I-94 stamp on his passport. but because he walked over here he does not have that stamp. Is there a way he can get a U.S. passport with the I-4 stamp on it? all he has is his Guatemalan passport ( which is like a Guatemalan ID).
I think the primary reason for having a "Legal Immigration" forum, is to learn how to get around our "legal" system.
legal or not legal they are still have as much right as you do .. so what if they dont pay taxes or medical care let that man take care of his business without having someone breathe down his back about his status .....
No, he doesn't have that right. He's not a legal citizen of this country, he does not have the right to just waltz on over here and do as he wishes.
Why don't you go to another country....say, Germany or Russia and just waltz on in, doing as you wish because you think you, "have that right".
His status is illegal. That means he broke a law. He is a criminal. We damn well better be "breathing down the backs" of those who break the law!
For the people who keep saying he needs to be a citizen: wrong. He needs to be a legal resident. If they say he needs to be a citizen, don't believe them.
He does need to go back and come in the right way, which should be easy because he just has to apply on a fiance visa. It does cost money and requires filling in a lot of forms but you can do it. You have to be able to prove adequate income to support him OR you can get a co-sponsor who has adequate income. That is the guarantee that he will not come here and go on welfare.
I did it for my husband--he went back and applied and got in. The hard part is the money part but it's for good reason--so he doesn't become a burden upon society. Once he's here legally he can marry and hold a job and stay here.
For the people who keep saying he needs to be a citizen: wrong. He needs to be a legal resident. If they say he needs to be a citizen, don't believe them.
He does need to go back and come in the right way, which should be easy because he just has to apply on a fiance visa. It does cost money and requires filling in a lot of forms but you can do it. You have to be able to prove adequate income to support him OR you can get a co-sponsor who has adequate income. That is the guarantee that he will not come here and go on welfare.
I did it for my husband--he went back and applied and got in. The hard part is the money part but it's for good reason--so he doesn't become a burden upon society. Once he's here legally he can marry and hold a job and stay here.
She stated that he walked into the country, which leads me to believe he may be an EWI. He's eligible for a lengthy ban. The fiance visa may not happen, and it certainly won't be as easy as you are saying it will be...unless, of course, the OP and her boyfriend lie on the application.
I went through the entire process of getting a green card for my ex-husband so I'm not a complete idiot when it comes to this subject.
I love it how so many people comment and give advice knowing so little about the issue. First, one does not have to be a citizen on the United States to be here legally and there is no way for anyone to apply for citizenship from another country. In order to become a US citizen one has to have lived here legally for five years, have "good moral character" and speak decent English (for foreign spouses the time is three years). For anyone to come here and live legally he or she needs a visa. There are temporary, non-immigrant visas and a permanent immigrant visa, commonly called a green card. To become a citizen one first has to have a green card and only a few people qualify for these.
Second, coming to the US illegally or staying here illegally (like after a non-immigrant visa has expired) is NOT a crime so the illegals are NOT criminals. It is illegal but it's a violation of a civil law, not a criminal law (however repeated illegal entry is a crime but being here illegally is never a crime).
Third, for someone in the OP's situation there are NO easy or quick solutions. Because her fiance entered the US illegally, without a visa and the so important I-94, he is ineligible for a green card or any other kind of visa that would make him legal even if he married his US citizen girlfriend. Had the fiance entered the US legally, such as with a tourist visa or a student visa, he would be able to get a green card if he married a US citizen and in that case it's a pretty easy process (the illegal presence and even illegal working is forgiven for spouses of US citizens who have overstayed their visas - this is only the case for spouses of citizens and no other immigrant category). But since the OP's fiance sneaked across the border the situation is much more complicated. It is possible for him to become a legal permanent resident, aka a green card holder, BUT he would have to go back to his country and apply for a green card, or a fiance visa that leads to a green card, at the American embassy there. The problem with doing this is that since he entered illegally, which is officially called "entered without inspection" or EWI, he will have to suffer a penalty and that penalty is being barred from coming back to the US for ten years. (For anyone who has been here illegally for less than one year the bar is for 3 years instead of 10.)
So, what the OP has to do is to have her fiance go back to Guatemala, marry there and go to the embassy to apply for a green card. At that point they may tell him, if they know that he's been here illegally, that he has to serve out the 10 year bar or, if he's very lucky, he may get a three year bar or no bar. I wouldn't count on it though.
There is one way around the bar and that is to apply for a hardship waiver. To get this waiver you have to prove that the immigrant being barred from the US for ten years would cause an undue hardship for the US citizen (the OP). These waivers are extremely, extremely hard to get though and are almost always denied. You do need a lawyer to apply for a waiver. If you do see a lawyer who tells you that he can easily get you a waiver and that it's no big deal take your money and get the heck out of there. That lawyer is lying and is just telling you what you want to hear to get hired. He makes money regardless of what happens with the immigrant. Many immigration lawyers are unscrupulous.
The only other option to having the fiance go back to Guatemala and serve out the bar is to remain here illegally which is sooner or later going to end badly. There is no future in that kind of life.
Finally, regarding the OP's original question, there is unfortunately no way that your fiance can get a state ID having entered without inspection. He has no way of getting the documentation needed for a state ID. However, in many places he doesn't need a state ID to get married to you. His passport is enough in many places. If your county required a state ID check with some of the neighboring counties. Illegals get married all the time in the US and so do people on tourist visas who also can't get state ID's. There are no benefits to his immigration status by marrying at this time though.
I love it how so many people comment and give advice knowing so little about the issue. First, one does not have to be a citizen on the United States to be here legally and there is no way for anyone to apply for citizenship from another country. In order to become a US citizen one has to have lived here legally for five years, have "good moral character" and speak decent English (for foreign spouses the time is three years). For anyone to come here and live legally he or she needs a visa. There are temporary, non-immigrant visas and a permanent immigrant visa, commonly called a green card. To become a citizen one first has to have a green card and only a few people qualify for these.
Second, coming to the US illegally or staying here illegally (like after a non-immigrant visa has expired) is NOT a crime so the illegals are NOT criminals. It is illegal but it's a violation of a civil law, not a criminal law (however repeated illegal entry is a crime but being here illegally is never a crime).
Third, for someone in the OP's situation there are NO easy or quick solutions. Because her fiance entered the US illegally, without a visa and the so important I-94, he is ineligible for a green card or any other kind of visa that would make him legal even if he married his US citizen girlfriend. Had the fiance entered the US legally, such as with a tourist visa or a student visa, he would be able to get a green card if he married a US citizen and in that case it's a pretty easy process (the illegal presence and even illegal working is forgiven for spouses of US citizens who have overstayed their visas - this is only the case for spouses of citizens and no other immigrant category). But since the OP's fiance sneaked across the border the situation is much more complicated. It is possible for him to become a legal permanent resident, aka a green card holder, BUT he would have to go back to his country and apply for a green card, or a fiance visa that leads to a green card, at the American embassy there. The problem with doing this is that since he entered illegally, which is officially called "entered without inspection" or EWI, he will have to suffer a penalty and that penalty is being barred from coming back to the US for ten years. (For anyone who has been here illegally for less than one year the bar is for 3 years instead of 10.)
So, what the OP has to do is to have her fiance go back to Guatemala, marry there and go to the embassy to apply for a green card. At that point they may tell him, if they know that he's been here illegally, that he has to serve out the 10 year bar or, if he's very lucky, he may get a three year bar or no bar. I wouldn't count on it though.
There is one way around the bar and that is to apply for a hardship waiver. To get this waiver you have to prove that the immigrant being barred from the US for ten years would cause an undue hardship for the US citizen (the OP). These waivers are extremely, extremely hard to get though and are almost always denied. You do need a lawyer to apply for a waiver. If you do see a lawyer who tells you that he can easily get you a waiver and that it's no big deal take your money and get the heck out of there. That lawyer is lying and is just telling you what you want to hear to get hired. He makes money regardless of what happens with the immigrant. Many immigration lawyers are unscrupulous.
The only other option to having the fiance go back to Guatemala and serve out the bar is to remain here illegally which is sooner or later going to end badly. There is no future in that kind of life.
Finally, regarding the OP's original question, there is unfortunately no way that your fiance can get a state ID having entered without inspection. He has no way of getting the documentation needed for a state ID. However, in many places he doesn't need a state ID to get married to you. His passport is enough in many places. If your county required a state ID check with some of the neighboring counties. Illegals get married all the time in the US and so do people on tourist visas who also can't get state ID's. There are no benefits to his immigration status by marrying at this time though.
a) English ist not a requirement for Green Card or Naturalization.
b) Foreign spouse go to the US Embassy in Guatamala and apply for a Green Card? Please give some details?
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