US Residency...Will they send him back?

As long as he entered legally, he can stay. Overstaying is generally forgiven in spouses of US citizens, as stated in the Immigration and Naturalization Act.

Matt

Why don't you move to Mexico with him, if you really loved each other it wouldn't matter where you lived.

ibu guru

Mexican citzens must have a visa to enter the US. Passport is not enough. He needs to renew his Mexican passport to return to Mexico. If he ever had a visa (apparently not), it expired. You are not married and have no standing to apply for any immigration benefit or change of status.

He has to return to his own country. He is an illegal alien. If you file for him, he will be deported and barred from reentry for 10 years. There is NO way he can remain in the US.

As for all his brood of children, he is legally obligated to support all of them regardless where he lives. As a practical matter, it is difficult to enforce court orders of child support when the person who is supposed to pay leaves the US. However, if he does not pay the child support, any of the mothers of his various children can file & get an order holding him in contempt of court. If he attempts to return to the US when he is in contempt of court, he goes to jail on that charge. Under the 10 year bar to reentry for being in the US illegally, if he returns to the US while under bar, he is subject to 20 years in prison - in addition to any outstanding warrants (e.g. contempt of court for failure to pay child support) plus the remainder of any prior prison terms (e.g. if he has ever been convicted of any crime and got parole, suspended sentence, etc).

In short, he is going back home. If you want to marry the guy, he can apply for your immigration to Mexico upon his return to his own country. His children are all Mexican citizens under Mexican law (jus sanguinis), so he can get Mexican passports for all of them and take them to Mexico without any visa or immigraiton hassle. If he takes them with him to Mexico and keeps them there, he will not have to pay any child support as custodial parent of Mexican citizens.

You still think you want to marry him? Move to Mexico. He cannot remain here, and there's nothing you can do about except ensure he is deported. In fact, if you do anything to enable him to remain illegally, you are subject to 10 years in prison plus $250,000. There are laws against harboring, sheltering, transporting, etc. If he is so much as a passenger in your car, or you pay anything toward rent, etc, where he lives, you are in violation of the law. Go to jail, lose your kid.

David

If he is illegal .,.he cannot adjust status in the US
He need to be deported before he spawns any more babies for the State to care for

dont know

it is best to consult a good immigraton lawyer, since, immigration laws are changing very fast. you never know, what clause a lawyer can use, to argue that he must stay in country for visa or one can say, no there is no such way and he much go.. but only a good immigration lawyer can help you with confidence.

Kize

He will be sent back. Why would any one get involved with an illegal who already has 3 children. Worry about you and your child, you will be supporting this child by yourself when he is deported on moves on to next female. How do you know he does not have a wife in mexico. This seems to be a problem many American woman face after the fact.

ricardo9505

yeah he stays by the Naturalization Act- marriage to you and by God start filing for the docs.

marco_warick

he can stay if he marries you

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