Please forgive me if I'm posting in the wrong place. I just found this site. This is the situation:
My fiance is a Canadian, who is here on a NAFTA Visa (sorry, I don't know the letter-number combination - it is a year-at-a-time Visa to work for a company) The Visa will expire in early June, and we have talked about marriage for a while - not to keep him in the US, but because it is what we both want. We don't know which of the forms we should file. We have looked at I485 and I130 but can't figure out if this is all we need to look at or if there are more.
Additionally, one of his parents was born in the US, but is living in Canada and retaining US Citizenship. We cannot figure out if he is already a citizen by blood, or would have to apply for that, or if his parent needs to be living in the US to apply.
There seems to be a catch on every avenue we investigate. His parent served in the US Military, but only for 3 years, and only spent summers here between ages 14 and 18 - it seems there is a rule about 5 years of residency after age 14 if you apply for citizenship for a son or daughter. Is that 5 total or 5 consecutive years? The I485 asks for arrest records. He was arrested for smarting off to a police officer about 30 years ago and has no documentation on that which seems to be required on the I485. Since it was so long ago, it is unclear if he can get any documentation on it at all, much less in the short time we have until the current Visa ends.
If we just get married as we intend before early June, will we risk his having to leave the country or can he stay here until we can get all the necessary documentation to fill out the I485 or whatever form(s) we need to fill out?
Thanks for your help - I have a better appreciation of what immigration lawyers do!