QUESTION
If his case is still pending can he and I get married or not?
Asked on May 20th, 2013 on Immigration - California
More details to this question:
My boyfriend and I have been together for two years. In August 2012 we had a domestic dispute where he was arrested and the case is still pending. He is divorced now and he was here on a conditional residence that expired April 2013. Our plan was to get married and present his documents together as married. I am a US citizen. There is no restraining order in place.
3 ANSWERS
Adebola O. Asekun
Outcome of the domestic violence dispute will determine whether he can remain in the US or not . Crimes of domestic violence are aggravated felonies and they bar virtually almost all forms of relief. In certain instances, convictions may not be necessary for this bar. If he is deemed an agg. fel on this basis, your marriage may not even be enough to keep him in the US. Speak to an experienced immigration lawyer right away.
Answered on May 22nd, 2013 at 8:19 PM
Yes, you can get married. Hits an attorney to help you with the documents as it might be too difficult to handle on your own (your husband will have to address issue of the domestic violence allegations)
Answered on May 22nd, 2013 at 11:01 AM
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Richard S. Kolomejec
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He must first file Form I-751 to remove the conditions on his residency before he applies for another green card. Hopefully, he has proof that his prior marriage was bona fide.
Answered on May 22nd, 2013 at 11:00 AM