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What to Do When Marrying an Immigrant

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  • 05-06-2005, 12:34 AM
    ana1999
    What to Do When Marrying an Immigrant
    I am a american citizen engaged to a immigrant who is already living in the US, what is the best thing to do when we marry. Should we get married in the state we live in now which is california or should we get married in mexico which is where he is from. What would be the best thing to do so he will be able to get his residency with no problem.

    Thank You!
  • 05-06-2005, 08:07 AM
    aaron
    Re: What to do when marrying a immigrant?
    Quote:

    Quoting ana1999
    I am a american citizen engaged to a immigrant who is already living in the US ... What would be the best thing to do so he will be able to get his residency with no problem.

    When you refer to him as "a immigrant who is already living in the US", do you mean he is a lawful resident?
  • 05-06-2005, 09:44 PM
    ana1999
    What I meant is he is living in the US as an illegal immigrant but we plan on getting married so we dont know if we should get married in the US or where he is from. We want to know what would be best for him for when I apply for his residency.
  • 05-06-2005, 10:31 PM
    aaron
    Marriage
    The proper avenues for bringing a person into the country for marriage are the fiance visa or a marriage visa - that is, a K-1 nonimmigrant visa if you are getting married in the U.S., or a K-3 nonimmigrant visa if you are getting married in the foreign nation.

    Your fiance will not get legal status simply from a marriage within the U.S.
  • 05-07-2005, 06:12 PM
    ana1999
    To get a fiance visa, does that only work if he is living in Mexico or does that also work if he is in the US? Would it be better for us to talk to a immigration lawyer to see what the best thing for us would be?

    Thanks for your help!
  • 05-07-2005, 06:27 PM
    aaron
    Quote:

    Quoting ana1999
    To get a fiance visa, does that only work if he is living in Mexico or does that also work if he is in the US?

    He would apply from his country of origin.

    Quote:

    Quoting ana1999
    Would it be better for us to talk to a immigration lawyer to see what the best thing for us would be?

    Yes, that would be wise.
  • 10-09-2006, 05:44 PM
    Citizen
    Re: What to do when marrying a immigrant?
    There is absolutely no way to get a Fiance visa in the US if the immigrant is illegal. To get the visa, you must submit valid documents to the U.S. Immigration services...how could you possibly think you could get a valid visa for someone in the country illegally. Well, you can with forged documents, but you are taking waaaaaay too many chances.

    The Mexican citizen should make the application in Mexico...it doesn't take too long, maybe a year. If you don't do this right, you will be disappointed later either by way of rejection of the application or deportation upon the discovery of having made an application using fraudulent documents. If the latter, the Mexican citizen will NEVER be allowed to reapply again. The American citizen may be barred from reapplying, for any other visa, for five years.
  • 10-10-2006, 06:25 AM
    mmadsen55
    Re: What to do when marrying a immigrant?
    The most important factor is how he got here....If he entered Legally, (Proper visa, inspected at the border) then just overstayed his visa, the best option is to marry in Calif, then petition him for citizenship and adjust status...form I130 and I485. Please check out WWW.USCIS.gov... This will get the process started to get the permanant residency card (Green card)

    If he entered the country illegal, without proper authorization, then the situation is much different. An attorney would be best to advise you if that is the situation.
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