QUESTION
What actions should we take to I can marry my boyfriend who's illegally staying here?
Asked on Oct 17th, 2013 on Immigration - Missouri
More details to this question:
I want to marry my boyfriend but he is from Mexico and he is here illegally but we have 4 kids together and want to start a family without being scared and we want to be able to travel. What do I do or how do I do it?
6 ANSWERS
Immigration Attorney serving Arlington, TX
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To marry your boyfriend, you need to apply for a marriage license and then get married. To apply for a license, you normally need one or more form of valid ID (driver license, ID card, passport, etc).
Answered on Oct 21st, 2013 at 10:09 AM
If he is eligible and has no other bars of inadmissibility, once you get married, he may begin an immigrant visa process. He would need to file a provisional waiver of extreme hardship as well. It is highly advisable to contact an experienced immigration lawyer. Many applicants end up getting a "notario" to fill the forms or just file the paperwork on their own, and end up stuck in Mexico with a permanent bar of inadmissibility. These cases are extremely sensitive and complex, and not every spouse of a US citizen qualifies for provisional waiver.
Answered on Oct 21st, 2013 at 3:48 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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We would need to ask your boy friend several questions to know how we have to proceed. If you are a U.S. citizen, and he has not left the U.S. and returned and does not have a criminal conviction making him inadmissible, and has not been previously removed from the U.S., then it is doable. Does he have any family members who have ever filed papers for him, employer who has filed, has anyone filed papers for one of his parents or grandparents?
Answered on Oct 18th, 2013 at 12:17 PM
Once you are married, you can petition for approval of an immigrant visa. However, he would not be able to adjust to permanent resident here in the US due to his illegal status and would have to go back to Mexico to receive his immigrant visa. Depending on how long he has been here, he would face a 3 or 10 year bar from reentering the US from the date he leaves. There are waivers for hardship. He can seek approval for a waiver before leaving the US, but would still need to go to Mexico to receive the immigrant visa if the waiver is approved.
Answered on Oct 18th, 2013 at 11:39 AM
You marry him legally. have all papers for the petition. File I-130 petition for him, as a US Citizen. File also adjustment of status, affidavit of support, and authorization for work. Pay all applicable fees, provide all applicable documentation and submit it to the appropriate USCIS box. Start the process.
Answered on Oct 17th, 2013 at 11:04 PM
Hire an attorney specializing in immigration. No doubt about it.
Answered on Oct 17th, 2013 at 11:03 PM