QUESTION
What is the best way for my fiance to get legal?
Asked on Jan 09th, 2013 on Immigration - Michigan
More details to this question:
My fiance has been here for 6 years and he hasn't had any problems in the USA at all. Now he has to leave to Mexico for personal reasons and I am to join him but we do want to return. What is the best and fastest way to make this happen? File for a fiance visa? Get married there?
8 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly 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 your case and advise you of your options.
Answered on Jan 14th, 2013 at 4:56 AM
Immigration & Naturalization Attorney serving Olympia, WA
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Seifert Law Offices PLLC
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Anyone who has been here illegally for over a year should not leave.... If he does, it is a 10 year bar to return... and if he returns, he will throw away absolutely any chance of becoming legal. More than one illegal entry no options. So, please seek in person advice from a competent immigration attorney as soon as possible. And before your fiance makes final plans to leave.
Answered on Jan 11th, 2013 at 12:24 AM
If he entered the US unlawfully, he will be barred from reentry for a period of 10 years. If he remains in the US, he will still not be able to legalize his status even if he is married to you, because of the unlawful entry. If he entered the US lawfully and has just overstayed, then do not let him leave the US because he will be barred from reentry. Instead, you can get married and petition for him here as your spouse and he will be eligible for a green card. Once he gets that, then you can leave to go to Mexico. 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 Jan 11th, 2013 at 12:10 AM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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Has he been legal the entire time he has been in the US? If so, the processing time for him will be six months to a year outside of the country. This the timeline is about the same with a fiance or spouse. Sometimes, it is easier to get approved if you're married, and the filing fees with immigration are less for a spouse because you don?t need to apply for adjustment of status after he enters the country. If he has been out of status during the time he has been here I would recommend that you consult an experienced immigration attorney before he leaves the United States. Good Luck!
Answered on Jan 10th, 2013 at 11:55 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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He will not be eligible for a fiance visa because of unlawful presence. You can marry and petition him if you are a citizen.
Answered on Jan 10th, 2013 at 11:41 PM
Your fiance be will barred from receiving a visa or green card for 10 years if he leaves the US. You should consult with an immigration attorney to determine whether he is eligible for applying for a green card as your spouse without having to leave the US.
Answered on Jan 10th, 2013 at 11:08 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
Before he leaves you should speak to an attorney. Likely the departure will trigger a bar from returning . You should know the legal conseuqences of actions before you take them. If you would like to speak with us we can set up a consultation. We have significant experience.
Answered on Jan 10th, 2013 at 11:04 PM
Did your fiancee come to the US illegally without inspection? ?If so, he has problems. Better consult with an immigration attorney about the issues and options and legal solutions if any.
Answered on Jan 10th, 2013 at 10:27 PM