QUESTION
Can i marry my fiance out of the country and enter the us with her legally?
Asked on Jan 03rd, 2014 on Immigration - Massachusetts
More details to this question:
I am a US born citizen but my boyfriend entered the US with a visa. He overstayed his visa. (By a year). We want to get married but i do not want a city hall wedding. I want a wedding with both of our families present but this can only happen if we leave the US and marry in his country. Is there a way to do this legally so he can be allowed to reenter the us with me. Ive heard of people who have got stuck separated while the immigration process grants legal status but i was wondering if this could be avoided because he did enter the us legally. And if we married in the US we would just have his status changed. We just want to exit the us to get married. Than reenter. Ive always dreamt of a full church wedding with both our families and we have known each other for like 10 yrs.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
If your boyfriend leaves the US, he is barred from reentering the States for 10 years because of his overstay. In this situation, you should forgo your wish of marrying him outside the US, put in an application for his adjustment of status, have it approved, and he is then free to leave the country. You could perhaps have a wedding reception in his home country. The only other alternative would be for his parents to somehow obtain visas to attend the wedding here in the States.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 22nd, 2014 at 8:42 PM