QUESTION

What is the first step in petitioning for someone to come to the US?

Asked on Feb 25th, 2013 on Immigration - Colorado
More details to this question:
My boyfriend is from Costa Rica. He is here on a passport. I want to make him a citizen. We would also like to get married. What should I do first?
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10 ANSWERS

If a) your boyfriend entered the U.S. legally, with a visa, b) you are a citizen of the U.S.; and c) you marry him, - then you can file an petition with US Citizenship & Immigration Services asking that your husband be permitted to remain in the U.S. as a lawful permanent resident. USCIS will consider your petition, check your boyfriend's background, and call you both for an interview. If you convince the USCIS officer at the interview that you two got married because you love each other and want to be a family (not just to get a green card for your boyfriend), the petition will be approved, and your husband will receive a green card for 2 years, conditioned on his marriage to you: if your marriage does not survive 2 years, your husband will lose his green card. 18 months later, you both will ask the USCIS to remove the conditions on your husband's green card. At the second interview, you will have to convince USCIS officer, again, that your marriage is real; if you succeed, your husband will receive a permanent green card (one that he will keep even if you divorce him); otherwise, USCIS will ask him to leave the U.S. 33 months after getting his first green card, if he will still be married to you, your husband will be able to apply for U.S. citizenship. This is the procedure. Difficulties can arise if your fiance has criminal convictions, a history of immigration law violations in the U.S., or some other disqualification that would bar his becoming a permanent resident. Another problem that you might face is that you would have to show financial ability to support him in the U.S.; for a family of 2, you would have to show income of over $19388 a year. If you don't have that kind of income, and don't have significant assets, you would have to find a co-sponsor. Finally, you might want to know that the government filing fees on the first stage (up to the getting a 2-year green card) are $1490.
Answered on Mar 01st, 2013 at 7:51 PM

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You get married first. Then, if you are a US citizen, you can petition for his permanent residence.
Answered on Feb 28th, 2013 at 8:24 PM

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Immigration Law Attorney serving Staten Island, NY at Law Office of Jeffrey Lisnow
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Every case is different depending upon the factors and the parties situation.
Answered on Feb 26th, 2013 at 7:18 PM

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Corporate and Business Law Attorney serving Ridgewood, NJ
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If you are a U.S. Citizen and he is in the U.S. (entered with inspection) then you can first marry him and then you can file for him to remain and get the green card. If you are not a U.S. Citizen then the matter is a bit more complicated.
Answered on Feb 26th, 2013 at 2:58 PM

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Rebecca T White
If you are a US citizen and marry him, he may be able to adjust status to a green card. If I can be of further assistance please let me know.
Answered on Feb 26th, 2013 at 2:58 PM

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Adebola O. Asekun
Unless you are thoroughly familiar with all the legal and other implications involved in the immigration process, Id suggest that you consult with an immigration attorney before doing anything. As a general rule, a US citizen who marries a foreigner can file petition for the foreigner to get a green card tor the alien to stay permanently in this country. Such alien can eventually become a US citizen. But the marriage is not sufficient to make that come to pass and there are also other factors to consider before filing the necessary paperwork. You did not give sufficient information that a correct legal advise can be be based on. I therefore strongly suggest you consult with an immigration attorney before you even tie the knot
Answered on Feb 26th, 2013 at 2:57 PM

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Bruce A. Coane
Assuming he stays here, you could get married and then file the papers to get him a green card. Thats the first steps towards citizenship.
Answered on Feb 26th, 2013 at 2:57 PM

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If he enter legally and you are truly in love you can get married and submit a petition for him there are alot of steps the process and the assembly of the paper and the correct evidence is very important in avoiding a denial or other delay. I strongly recommend the first thing you should do is that both of you should see an Immigration Attorney and bring all your immigration paper work and associated documents with you for the attorney's review and advice on the next best steps in your case
Answered on Feb 26th, 2013 at 2:57 PM

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If you are a US citizen, you should file an I-130 petition after you get married. Your new husband can file an I-485 application for adjustment of status at the same time. The forms and instructions are available at uscis.gov, but you should consult an immigration attorney as there are additional forms required.
Answered on Feb 26th, 2013 at 2:56 PM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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Once you get married, you can apply for his green card. The process takes about 3 months if done correctly. And then once he has a green card for three years, he can then apply for US citizenship.
Answered on Feb 26th, 2013 at 2:56 PM

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