QUESTION
Is it possible to get married while my fiancé’s work permit is in process?
Asked on Sep 24th, 2012 on Immigration - Wisconsin
More details to this question:
My fiancé was told recently that he's not a US citizen by his parents. They've been in court the last two years to stay and get their work permits. He's getting it in the next two months. I've known him since kindergarten and we'd like to get married.
7 ANSWERS
You can get married regardless of his immigration status. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Oct 01st, 2012 at 1:14 PM
Bruce A. Coane
Generally, anyone residing in the USA can get married. However, you could be in for some major, disappointing surprises about his ability to stay here. You should get his file from court reviewed very carefully in order to see if he has any realistic chance of being able to stay here permanently.
Answered on Sep 28th, 2012 at 1:14 AM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
Your marriage will not interfere with your fiance's application for a work permit. If you are a U.S. citizen or permanent resident, after the marriage you might be able petition USCIS for his green card (if he entered the U.S. legally or if someone filed an immigrant petition or an alien labor certification for one of his parents before April 30, 2001), or increase his chances of getting a green card if he is now in removal proceedings in the Immigration Court.
Answered on Sep 28th, 2012 at 12:36 AM
I'm sorry, but it really depends on the specifics of your finance's situation. You have not provided enough information to give you an accurate answer. If he is already in court for two years, doesn't he have an attorney? It would probably be best to ask them.
Answered on Sep 28th, 2012 at 12:13 AM
Immigration Attorney serving Madison, WI
at
Wren & Gateways Law Group, LLC
Update Your Profile
In Wisconsin, there is nothing to prevent you from marrying him. There is no requirement that either partner be legally in the US to be eligible for marriage so long as the identification requirements are met. This may vary from state to state.
Answered on Sep 26th, 2012 at 12:44 PM
Immigration and Nationality Attorney serving Miami, FL
at
CruzLaw PA
Update Your Profile
Short answer is yes if there are no impediments to you getting married. How your marriage would help your fiancee would depend on your status and the manner of his entry. You should have an attorney help you with this since it would seem your fiancee is already in proceedings.
Answered on Sep 26th, 2012 at 12:44 PM
Rebecca T White
I am assuming you are a US citizen. If the two of you decide to get married, you will want to first have a consultation with the two of you together to review his immigration history and determine what impact marriage would have on him. He would need to have a copy of all of the immigration papers filed before the court related to his parents to assist in determining his options. He may also qualify under the new deferred action program.
Answered on Sep 26th, 2012 at 12:44 PM