QUESTION

My Boyfriend and i have been planning on getting married for awhile, just never got that far with having our child.

Asked on Oct 18th, 2011 on Immigration - Wisconsin
More details to this question:
we really want to get his papers started. and i''m just wondering how long will this whole process take and what all needs to be don''t to get it done.
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1 ANSWER

If your boyfriend last entered the U.S. with inspection and is here in status or is an overstay, the good news is that he may be able to file for and obtain his green card from within the U.S. based on marriage to a U.S. citizen.  It is true that while most individuals who are here as overstays and/or have worked without permission are ineligible to obtain permanent resident status from within the U.S., this is not the case if you are applying for permanent resident status based on marriage to a U.S. citizen.  He may still be able to pursue permanent resident status from within the U.S. based on marriage to a U.S. citizen.  This is generally known as the adjustment of status process and requires filing the I-130, I-485, I-765 (work permission), I-131, I-864 affidavit of support, I-693 medical etc.  If he did not last enter with inspection and he is an EWI (entered without inspection), there are more issues that would need to be reviewed.  If he qualifies for adjustment of status from within the U.S., he may be able to get through the process in about 4-6 months.  Every CIS is different, but many fall within that time frame. You can find more info on the process at: http://www.familytousa.com/green-card-through-marriage-ad/ Every case is different and unique.  You may want to consider consulting with an immigration attorney to make sure you understand all of the issues in your boyfriend's case. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  
Answered on Oct 18th, 2011 at 7:07 PM

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