QUESTION
If I am a US citizen and my fiance is not, what paperwork do we need to do before we can get married?
Asked on Jul 07th, 2012 on Immigration - California
More details to this question:
I am a US citizen (born and raised in NY). My fiance came to the US 5 years ago on a visitor's visa; it expired after 6 months. We want to marry. I have no idea what happens next? I do not want to lose him. What are the steps we should take before we marry? Do we marry first, before paperwork?n Is there a chance he could be deported?
14 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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*Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests .. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely.
Answered on Aug 10th, 2012 at 10:27 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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All you need to do is to visit the city or town clerk's office together with your fiance and apply for a marriage license. The cost is $35 (by a credit card or a money order), and you both need proofs of identity (unexpired passports, driver's licenses, other government issued picture IDs). If you live in New York City, you can start the application on-line at https://www.nyc.gov/portal/site/cityclerkformsonline, it will save you some time. But, even if you file the application on-line, you both have to be physically present at the clerk's office and sign the application. The license will be issued right away (but you cannot get married for 24 hours) and will be valid for 60 days. You cannot file the petition until you are married. You can - and should - consult an immigration attorney before you get married. Unless your fiance has a bad criminal record (or another reason why he is inadmissible to the U.S.), filing of a properly prepared petition/application package should not put him in danger of being deported.
Answered on Aug 08th, 2012 at 4:58 PM
You marry first and then, once you have the marriage certificate in hand, you can petition to the USCIS for his permanent residence on the basis of marriage to a US citizen.
Answered on Aug 07th, 2012 at 3:44 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You marry and then file a family petition. There is a low risk of deportation since he is eligible.
Answered on Aug 07th, 2012 at 1:27 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You should marry first and then apply for his green card. The chances of him being place in removal proceedings and deported are slim and no greater than they are now. I 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 you case and advise you of your options.
Answered on Aug 06th, 2012 at 9:42 PM
Rebecca T White
You will want to set a consultation with an attorney before you proceed. You will be able to file an immigrant visa petition and apply to adjust his status from what you have described.
Answered on Aug 06th, 2012 at 8:54 PM
Immigration and Nationality Attorney serving Miami, FL
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CruzLaw PA
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Luckily for your fiancee, he entered legally. Because of that, he will likely be able to adjust in the USA without leaving the country. You would have to legally marry him before petitioning for him. Only US citizens cannot be deported.
Answered on Aug 06th, 2012 at 8:43 PM
Thomas J. Rosser
If your fiance has not departed the country since his lawful admission on a B-2 tourist visa (which would have triggered the 3/10 year administrative bars under IIRAIA) and otherwise has a clean record with USCIS (Immigration) there is a process for seeking his LPR (lawful permanent resident status/"green card" I-551) with you as the petitioning US citizen spouse and the USCIS granting a waiver for his having remained a multi-year "overstay" and having worked without authorization during his period of "overstay". I recommend that you contact us to set up an initial consultation prior to your actual marriage and we will explain in detail the various steps and costs involved in the concurrent filing of the various petitions involved/required in a "spousal adjustment of status" case (A/S). The A/S process will actually take place only after you are legally married to him.
Answered on Aug 03rd, 2012 at 9:54 PM
You must be married to submit a visa petition on his behalf. It would be prudent to consult with an immigration lawyer to review his immigration history and make sure he qualifies for adjustment before you tie the knot.
Answered on Aug 03rd, 2012 at 9:47 PM
You should first get married and then start the sponsorship process by filing an I-130. It is possible for your fiancee to be deported since he has overstayed his visa, however if this is his only crime it is unlikely he will be deported. For your fiancee to become a Permanent Resident a hardship waiver will also need to be filed and approved after the I-130 is approved. I suggest you schedule a consult with me or another immigration attorney to discuss the process, documentary requirements, and timeline.
Answered on Aug 03rd, 2012 at 9:29 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You should marry him first then he can apply for adjustment of status. As long as there are no issues of inadmissibility and the applications are submitted before a Notice to Appear is issued by ICE, he shouldn't encounter any problems with USCIS.
Answered on Aug 03rd, 2012 at 4:19 PM
Generally, if someone enters the U.S. lawfully and with inspection, such as entering with a visitor's visa, and then he marries a U.S. citizen, they may apply for him to "adjust status" in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"). This is true even if the foreign national has overstayed his visa for multiple years. The process can be significantly more complicated than it might first appear. After the couple becomes married, they can file a Petition for Relative Alien, along with an Application for Adjustment of Status (and also an application for an employment authorization document ("EAD" or "work permit") for use while the application process is pending. A variety of supporting documents will be needed. It would be wise to engage an immigration attorney to evaluate eligibility and to provide representation throughout the process.
Answered on Aug 03rd, 2012 at 3:35 PM
1 Award
The chance of him being deported is low, unless he is charged with a crime. If you marry and you make an income above the poverty line, you can sponsor him for an adjustment to his status to get a permanent residency card. Alternatively, you can apply for a K-1 fiance visa, which is a "non-immigrant visa" and adjust his status once you marry. Either way, I would hire an immigration attorney to walk you through the process.
Answered on Aug 03rd, 2012 at 3:32 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You will be fine. You can marry and apply for his green card. The entire process only takes 3 months from start to finish. He will not be deported. And there is no penalty for overstaying where you marry a US citizen.
Answered on Aug 03rd, 2012 at 3:31 PM