my fianc茅 has been here since he was 3 years old and he is now 21. He came to the us on a b2 visa but obviously overstayed it. How can I possibly marry him and file for him to get his greencard without him getting in trouble for overstaying his visa. Btw I don't want to marry him as fraud. I love him and want him to be able to live a normal life with me and be able to travel outside the country which he can't do because of his status.Legal advice needed please!!?
He's in luck.
You don't need an attorney. Since he entered the USA on a valid visa he'll be allowed to stay and adjust his status. I just hope he's got his original passport with the visa to prove it.
After you get married, and you SHOULD get married ASAP, you will need to file an I-130, I-485, I-765 and G-325 with the Citizenship and immigration Service. The total cost to file is about $1,300.
Understand, you MUST file everything at the same time.
You can find the forms and their instructions here.....
http://www.uscis.gov/portal/site/uscis/m鈥?/a>
As soon as you file his status will be legal. You will use the receipt from CIS as proof of his pending applications. In about 90 days he'll get a work permit. He can use the work permit to get a social security card. In about 6 months he'll have his interview, and if he passes, he'll get his green card in about another 6 months.
He should NOT leave the USA for any reason until everything is approved.
The only thing that can complicate the process is if he has an arrest record in the USA or if he's been working illegally and not paying his state and federal income taxes.Legal advice needed please!!?
You can marry him tomorrow if you want. That's under your control. The fact that is an illegal alien will not change. Once you're married, you can file Form I-130 for him with CIS as your spouse. That form will start the process of obtaining resident status for your boyfriend.
Carefully follow the instructions on the form and include the fee when you submit it.
The link below will give you full data on application procedures that your boyfriend will need to follow.
You are right, you need legal advice. Speak to an attorney.
Call a local attorney whom specializes in immigration law. Good luck! You can probably get some free legal advice over the telephone. I hope the marriage works out well! Congratulations!
You definitely talk to a good immigration lawyer. Good thing is that he entered legally, but the duration of overstay is bit too long. He may need to file the Form I-601 to get his overstay waived before the adjustment of status.
Talk to the lawyer. You can find some names from American Immigration Lawyers Association at www.aila.com. Good luck!
He is a criminal. He is an illegal alien. Sooner or later he will be checked by the police, it may be something as a speeding ticket. They will then identify him as a criminal illegal alien and he will be deported.
Dear Jenny,
Yak Rider's advice is very good, to a point.
SHORT ANSWER: Get a lawyer!!
1) Until he was 18, Fiance (';F';) never overstayed his visa since he entered US under his parent(s) B2 and he was under their care or supervision. This fact may be very important later on,
2) Contrary to available evidence, this remains the ';land of the free %26amp; the home of the brave. You may marry at anytime per your State requiements. Even better, if you live in a common law marriage state and can establish your ';informal marriage'; earlier than your civil/ecclesiastic wedding. Super points if you have kids!
3) File your I-130 with A GOOD IMMIGRATION LAWYER! One mistep at this point could change you lives together. Forever! Please do not be ';penny wise and poung foolish!
Once your I-130 spousal application is approved, THEN I'd apply the Adjustment of Status (Green Card) packet. Also, depending on processing times @ your local CIS office, I would'nt bother wasting the $$ for the I-765 Work Permit app. as your Adjustment of Status app. may be approved before the work authorization is issued. F will have to pay filing fees. ADIT fees, medical exam AND a possible $1k fine to adjust in the US rather than abroad. Expect the INS agent to be unhappy.
Too bad. Blame it on his Mommie %26amp; Daddy-in-Law. Which brings me to another point:
I'd check on you in-laws' immig. status ASAP.
Who knows? You betrothed might be a US Citizen already!! Stranger things have happened.
Good luck %26amp; many happy returns!
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