To get married with illegal alien affects my legal status?
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Totally disagree. It's quite simple, get the forms, they all written in plain English and submit them. I know many people without college education who did it without any lawyers.
And when someone marries a person who stays legally (even on a guest visa), they just apply for change of status and they're legal for as long as decision is pending. No need to exit. I believe it's the case, even when petitioner is citizen and spouse is illegal... The spouse cannot be deported while application is pending, unless judgement for deportation has been already issued before the marriage.
Again, I knew several ladies who lived illegally in USA, got married and all but 1 of them got their GC and citizenship eventually (the one who wasn't allowed to stay, had decision for deportation in her hands when she suddenly found herself a husband).
The Immigration Service doesn't like it when people do that, though. It takes extra paperwork, the couple gets grilled separately, as the Service tries to see if it's a marriage of convenience, there often are extra hoops to jump through.
Thank you, everyone!
I asked an immigration lawyer and their answer was;
"Be very aware that it will be MUCH more difficult for you to get approved for permanent residency if you are married to an illegal alien, it's going to come up in the process and raise some red flags."
I can apply for a green card, however my fiance will not be able to apply from within the country for residency himself even if he's my husband. He'll have to leave the country and enter the country legally with a visa.
I am going to process my green card first and then I will decide what to do with him...
Thank you, everyone!
I asked an immigration lawyer and their answer was;
"Be very aware that it will be MUCH more difficult for you to get approved for permanent residency if you are married to an illegal alien, it's going to come up in the process and raise some red flags."
I can apply for a green card, however my fiance will not be able to apply from within the country for residency himself even if he's my husband. He'll have to leave the country and enter the country legally with a visa.
I am going to process my green card first and then I will decide what to do with him...
YOU cannot apply for a Green Card.
Send him home, get married in the U.S. or somewhere else and apply for his H4b based on your visa.
I have a H1B visa and my fiance is an illegal alien with a mexican consular card. I am thinking to get married with him someday soon, but if I do so, I won't be able to apply green card?
I hope it mean you lose your visa and definitely prevents you from getting a green card. You're aiding and abetting a criminal.
There is so much bad advice on this string, I don't even know where to start. The good advice is consult an immigration lawyer.
The people telling the fiance to leave are advising without key information. One, did the fiance enter without inspection (i.e., sneak over the border), or did he enter legally and overstay?
How long has he been out of status? If it's more than 180 days, if he leaves he can't come back for 3 years. If it's more than a year, he can't come back for 10 years. So, leaving the country to get a visa is probably bad advice, unless he's eligible for a waiver. Which seems unlikely under the circumstances.
Has he ever been deported and then reentered the country? Lots of headaches if that's the case.
And, no, you are not aiding and abetting a criminal. Most people here unlawfully have not committed a crime. Being present illegally is a civil, not a criminal, offense.
First of all, for you to apply for a employment based GC, you need to have a company willing to sponsor for you. There are other different paths, like having a lot of money (over 500 thousand dollars) to get it through investment, but I imagine this is not an option.
When someone gets the employment based GC status approved, the spouse also gets the same status. There are several steps for a employment based GC, first with the department of labor and them the the department of immigration (USCIS), these steps takes time for processing and waiting for priority numbers to be current. Only when applying for the last step (adjustment of status) with the department of immigration that the spouse information will be necessary. At this step that his non lawful status will interfere with the process and may take longer or make it get denied. Who knows at this point how legislation will change with the next US president.
So my advice is talk to a lawyer to understand the time frame (there are lots of variables) and start the employment based process ASAP. When it gets to the immigration phase, talk again and to more than one lawyer if necessary and make a educated decision if helping changing his status will be the best at this phase with the risk of interfering with yours, or if he will need to wait five year until you get citizenship to start his process with you sponsoring him.
As far as I know, only a US citizen can sponsor an "Alien fiance"...
A permanent resident holder can sponsor a non-resident spouse (from overseas) but it takes several years for them to be able to bring that spouse to the USA. I don't know what the situation is with an "alien fiance" visa. As already said the best advice is for the OP to consult an immigration lawyer.
A permanent resident holder can sponsor a non-resident spouse (from overseas) but it takes several years for them to be able to bring that spouse to the USA. I don't know what the situation is with an "alien fiance" visa. As already said the best advice is for the OP to consult an immigration lawyer.
And "consult with an immigration lawyer" does NOT mean simply emailing a lawyer on the internet to ask the question alike the one you shared above.
"Consult with an immigration lawyer" means scheduling a real appointment with an immigration lawyer who can ask questions and review your entire case before giving you advice.
Yes, you will have to pay for the lawyer's time but it will be a much better way to get an answer and a plan than asking for free advice on the internet.
Your fiance should attend the meeting with the lawyer too, and be willing to pay part of the lawyer's fees. If he isn't willing to do so, that will tell you something about the seriousness of his commitment to marrying you.
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