QUESTION
How can I bring my boyfriend to the US if we want to get married?
Asked on Mar 13th, 2012 on Immigration - Georgia
More details to this question:
I met my boyfriend in Mexico. We fell in love and we want to get married in the USA. Five years ago, he lived in the USA for about 2 year and then he went back to his country by his own. He never had any arrests by police or immigration. How could I bring him here?
8 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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He is barred for 10 years if he lived in the U.S. unlawfully a year or longer. If you marry him, he will have to file a waiver based on your hardship. It could take a year to two years to complete this case if he is granted the waiver.
Answered on Mar 15th, 2012 at 12:06 PM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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You need to find out if his stay in the US was legal or not. If he was illegally in the US, it will make it harder for him to be granted access to the US. He would have to present waivers for illegal entry to US and/or illegal presence and/or waiver of the 10 year penalty. If he lived in the US legally, then you may be able to petition for him or to file a fiance visa without a problem.
Answered on Mar 14th, 2012 at 8:09 PM
You would have to marry him and then petition for him as your spouse but given that he was in the US unlawfully in the past, by leaving the US he triggered an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, and this is fairly difficult to do in most cases.
Answered on Mar 14th, 2012 at 4:45 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If he overstayed in the US by one year or more, there is a ten year bar to his entry to the US. So that depends upon how he was in the US during the two years. You are allowed to file a fiancee visa application for him and if the 10 year bar is triggered, then also an extreme hardship waiver.
Answered on Mar 14th, 2012 at 4:42 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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It is probably best to go to Mexico and marry him over there. The process will take about a year to bring him here. No other way.
Answered on Mar 14th, 2012 at 4:41 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Generally a K1 fiance visa is the way to go, however, your fiance may have complications if he has previous immigration violations. Speak with and retain an attorney to figure out the best way.
Answered on Mar 14th, 2012 at 4:40 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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You would need to file the relative petition and then he files for the immigrant visa at his home consulate. Depending on the immigration violations, he may need a waiver for his visa to be issued. It sounds as if he will be subject to the 10-year bar. You should get as much information as possible and meet with an experienced immigration attorney.
Answered on Mar 14th, 2012 at 4:21 PM
Best wishes for your plans to marry. Generally, the best approach to bringing a foreign national to the U.S. to marry and reside here as a Permanent Resident is through a Fianc?e Visa (alternatively, a couple could marry abroad and then "consular process" for the foreign national to come to the U.S. in the Immediate Relative category. For someone who previously was in the U.S. for two years, however, there are some very serious issues that must be addressed, including what type of visa, if any, he may have had when he entered the U.S., the expiration date of any such visa, and his age during any period of unlawful presence. Answers to some of these details will address current eligibility, and even could address possible application of a 3-year or even a very harsh 10-year bar to re-entering the U.S. There is no substitution for engaging an immigration attorney to review the details and provide advice. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Mar 14th, 2012 at 4:19 PM