QUESTION

What are the implications of marrying a Brazilian citizen who is still waiting for his permanent residency here in the United States?

Asked on Mar 13th, 2013 on Immigration - California
More details to this question:
I have been dating a Brazilian man for almost a year now. He came to the United States following the passing of his father two years ago. He petitioned to stay to become a permanent resident through his mother who is a green card holder of more than 5 years and now he is just here waiting. He has a case, but is not a resident yet. Is it illegal for us to get married eventually? I just want to know what will be involved if we decided to marry some day. What will I be getting into?
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4 ANSWERS

If he is applying for permanent residence, it will be a long process but as long as he has a valid basis to remain in the US currently, it should not cause any issues for you to get married and be together. Additionally, if you do get married, he can probably get a green card much faster through you if you petition for him.
Answered on Mar 14th, 2013 at 2:32 PM

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You should consult with an attorney to review all the facts and discuss what options you have. There are several potential issues.
Answered on Mar 13th, 2013 at 4:02 PM

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Corporate Attorney serving Bellevue, WA at Babic Law Firm, PLLC
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It is not illegal for you to marry, but it may entail quite a lengthy process for him to secure a green card. In my practice I consult many clients with similar questions. You should schedule an appointment with a trusted attorney versed in immigration law before marrying and explore his visa paths. His current status is unclear from your question and so would need to be explored further. If he does not receive his green card via his mother then he would have to exit, marry, then re-enter U.S. based on a marriage visa.
Answered on Mar 13th, 2013 at 2:41 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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If he gets married he will lose his place in line with his mothers case UNLESS SHE FIRST BECOMES A USC.
Answered on Mar 13th, 2013 at 2:40 PM

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