QUESTION
Can I get married with my fiance of 7 years if he his illegal?
Asked on Apr 04th, 2013 on Immigration - California
More details to this question:
I'm planning to get married to my fiance of 7 years relationship. But his illegal and I want to know if I could actually file his papers so he could be legal an stay with me here in the United state, has been in this country for about 9 years is there any possibility.
8 ANSWERS
It depends on what you mean by illegal. Did he enter the US unlawfully or did he enter lawfully and overstay?
Answered on Apr 10th, 2013 at 1:18 AM
Adebola O. Asekun
If you are a US citizen and as long as your fiance's came to the US with a valid visa (even if it has expired) then, your marriage will allow him to get a green card without going to his country for green card interview. Please note this is not the only inquiry you must make as there may be other issues involved if he can actually get a green card. You should see an experienced immigration attorney for detailed consultation about all the background facts of his case.
Answered on Apr 05th, 2013 at 10:48 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If your fiance is currently under 30 years old and has graduated from high school or are currently enrolled in school, he may qualify for DACA, which will give him a renewable work permit for 2 years, if he has been physically residing in the US since at least June 15, 2007.
Answered on Apr 05th, 2013 at 10:01 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You can marry your fiance and petition him/her for permanent residency. Your fiance may have to return to his/her home country for consular processing, since it appears (s)he was never admitted into the U.S. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.
Answered on Apr 05th, 2013 at 1:56 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You can file a visa petition for your spouse, but if he entered the US without a visa he will need to apply for an immigrant visa in his home country, and if he leaves he will be subject to a 10 year bar to re-entry. There is a waiver available and other forms of relief he should discuss with an immigration attorney.
Answered on Apr 05th, 2013 at 1:01 AM
You can petition your fiance once you marry him. However, it is unclear whether he can qualify for the 245i penalty and thereby stay based upon the limited facts. Most have to work with what is called the provisional waiver program, which requires proof to the satisfaction of the USCIS, not just an assertion, that you will suffer extreme hardship as a matter of law where he cannot return to the U.S. after departing for the visa. There are also other bars that may create an indefinite challenge to his return. When did he enter the U.S.? Has anyone every petitioned for him or either of his parents? I strongly recommend an appointment with a competent and experienced immigration attorney. Our office has limited its practice to immigration and visa law matters like this one for nearly twenty years. Good luck. The above is general information, not legal advice, so it does not create an attorney client relationship.
Answered on Apr 05th, 2013 at 12:34 AM
Yes, you can marry him. As to his papers, he probably will need a waiver, but you guys should speak with an immigration lawyer to figure this out.
Answered on Apr 05th, 2013 at 12:16 AM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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You can marry him and file for him. If he entered the US legally then he may be eligible to apply for Green Card in the US. If he entered the US illegally you can petition for him and do a waiver for unlawful presence. If that is approved he will be asked to go back to his country and get the approved visa and come back in.
Answered on Apr 05th, 2013 at 12:12 AM