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  1. #1
    Join Date
    Oct 2006
    Posts
    1

    Default Marrying a US Citizen With a Criminal Record

    i want to marry my fiancee, and he is here illegally, he has been here for over 10 years he put an application as soon as he got here but never received anything back, he only has his receipts and prove that he has been here for that time. the only bad part is that he got a DUI first offense misdemeanor in california, but the officer gave him a chance and let him go, so he got a lawyer to take care of it, so he never went to jail not even on the night of the dui. we want to do things the right way we just dont know where to start. he is paying his tickets and everything else is the dui going to affect him?

  2. #2
    Join Date
    Sep 2006
    Posts
    4

    Default Re: Marrying a US Citizen

    A single DUI should not preclude your husband from getting his Permanent Residency. Also what needs to happen is that the previous paper work that your husband submitted, must have been submitted prior to April 30, 2001 and they must have been either of the following forms, I-130, I-140, I-360, or a Labor Certification Application with the Dept. of Labor. If these forms were filed then your husband, through you should be able to get a greencard. Now if you're husband entered the United States legally, and just overstayed his visa, then he does not neet to meet the requirements of filing these applications, he can just apply for his greencard just as any legal alien would through marriage.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marrying a US Citizen

    You say he's here illegally - did he enter the country legally, going through an inspection at the border?

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