QUESTION

Can I legally marry my fiance to get him his citizenship?

Asked on Apr 09th, 2012 on Immigration - California
More details to this question:
I want to get married. But my finance is illegal so is it possible? We live in Florida. I don't know where to start looking to help him with his citizenship so we can get married.
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3 ANSWERS

Immigration Attorney serving Maspeth, NY
2 Awards
It is important that you get married for the right reasons, if you and your fiance decided to get married that's great, but please hire a lawyer before you submit anything to immigration. When you say he is illegal do you mean he entered without inspection or he overstayed his authorized status? It is a big difference. Again I suggest hiring a lawyer to help you. Good Luck!
Answered on Apr 16th, 2012 at 2:18 PM

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Immigration Attorney serving Boulder, CO
2 Awards
When a U.S. citizen married a foreign national, the US Citizen may petition for permanent residence for the foreign national spouse. However, if the spouse entered the U.S. without documents, then the spouse may not be eligible to gain his or permanent residence in the U.S. Only those applicants who were beneficiaries of an immigrant petition or an employer filing prior to April 30, 2001 and who were present in the U.S. in December 2000, are eligible to pay a fine of $1000 and adjust status in the U.S. Those who are ineligible to adjust status in the U.S. because of an illegal entry may be able to return to their home countires to apply for an Immigrant Visa. However, the spouse may need a waiver of the time they have been in the U.S. without status. Not all waivers are approved. Because your case is complicated, you should seek a consultation with a qualified immigration attorney before making any plans. above.
Answered on Apr 10th, 2012 at 5:57 PM

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If he entered the US unlawfully, he will not be able to legalize his status within the US even if you marry. He will have to go back to his home country to consular process for a visa but by departing the US he will trigger an automatic 10 year bar to reentry, which can only be done by a showing of extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.
Answered on Apr 10th, 2012 at 4:35 PM

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