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  1. #1
    Join Date
    Nov 2005
    Location
    Nevada
    Posts
    1

    Default Marriage to Illegal Fiance

    Hi, my fiance is here illegally. He came to the states 5 years ago, December 2000, with his family. His sister filled for him, his parents, and 7 of his brothers and sisters. His Parents became legal residents a couple months after they came. But my fiance and 4 of his siblings are still waiting for their papers. His sister says that he has 4 years left. They got a paper saying that he had to write a letter to the place she is filing and give a good reason why he is here. If it is a good reason then they will let him stay, if not good enough then they will deport him. But nothing has come of that.
    We want to get married soon. We don't mind if he still has to wait until he gets his paper to become legal. But I wanted to know if we marry would he have to stop the papers from his sister and start filing knew ones with me, and if so how long would it take for him to become legal? Also does my age matter?...I am 18 and his sister told him I had to be 21, she thinks.

    My sister also has an illegal fiance, he has been here same amount of years I think but has nothing filed. He's just here. She wants to know how to go about marrying him legally and making him legal. We thought maybe they should marry out side the states and apply for a fiance visa or him go back and apply for a work visa.

    I really need advise for all of this...please reply.

    Thank You,
    Maria

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Immigration & Illegal Status

    If your fiance was admitted and inspected when he entered the United States, you can marry, then he can apply for Adjustment of Status, and he should be able to get his Green Card.

    If he entered without inspection he will not be able to adjust his status. (Exception: If before May, 2001, an employment -based petition, labor certification, or relative petition was filed on his behalf.) If he cannot adjust his status and you marry, he will have to return home then apply for a waiver to return to the U.S.A., subject to a 3-10 year bar on re-entry due to his unlawful presence.

    You should consider consulting an immigration lawyer.

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