QUESTION
Can I get married to my boyfriend to help him stay in the US?
Asked on Oct 11th, 2011 on Immigration - California
More details to this question:
I did marry my ex husband from Vietnam to the US. We divorced more than 2 years. Now I want to marry with my boyfriend. My boyfriend came to the US 5 years ago and stayed in the US with expired visa. Can I marry him and he can stay in the US legally? Is it more complicated case because I did marry an immigrant before?
9 ANSWERS
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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You should be able to help him fix his status in the US, though it may go through the court proceedings.
Answered on Oct 17th, 2011 at 3:01 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
You can still petition your new husband. It should not be a problem. However, the USCIS may ask details about the past marriage and what happened.
Answered on Oct 13th, 2011 at 8:28 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Yes, you can petition for your husband, but you may be questioned in more detail regarding your first marriage and petition.
Answered on Oct 13th, 2011 at 2:53 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
As long as it is a legitimate marriage the fact that you married an immigrant before should not be a problem. Whether he is eligible for permanent residency through your petition and can adjust we would have to determine after learning the details of his immigration and criminal history.
Answered on Oct 12th, 2011 at 11:27 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Yes. You can marry him and apply for his green card. Your prior marriage shouldn't cause any problems as long as it was genuine.
Answered on Oct 12th, 2011 at 10:12 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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As long as each marriage is in good faith you should not have a problem. It is in your interest to speak with and retain an immigration attorney.
Answered on Oct 12th, 2011 at 10:12 PM
Litigation Attorney serving Goose Creek, SC
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Miller | Conway
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You may marry your boyfriend despite his overstay. You may then adjust his status based on the bona fide marriage. Whether your case is more complicated based on your prior marriage depends on the INS official(s) handling your case and the actual facts/circumstances surrounding your relationship and marriage. I recommend contacting an immigration attorney to discuss the specifics of your case.
Answered on Oct 12th, 2011 at 5:41 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You need to schedule a full consult with a competent immigration attorney to evaluate his case. Also you need to wait five years to sponsor if you got your status via marriage to a USC.
Answered on Oct 12th, 2011 at 5:39 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Legally you can marry him and file visa petition for him. USCIS may look at your case closer because you married an alien and filed visa petition for him too. Just document your marriage to prove it is not a shame marriage to help him get green card only.
Answered on Oct 12th, 2011 at 5:28 PM