Legal Question in Immigration Law in California

2nd Marriage with Non-Citizen

When I was 19 I married my 1st husband (he was here on a student visa) and he is now a citizen. However, that did not last and we are currently going through the divorce process.

I have been dating an Illegal Alien for a few years now (he entered Illegally) and we want to get married soon. Im afraid that because this is my 2nd time around it might be more difficult to change his status.

Will my 1st marriage be a problem?

Also, we live in California but we both have family in Hawaii and will eventually move there.

Which state will go through the change of residency process faster?

And if we marry in CA, can we apply for residency once in Hawaii?

Thank you!


Asked on 4/09/08, 9:00 pm

1 Answer from Attorneys
Michael Cho Law Offices of Michael Cho

Re: 2nd Marriage with Non-Citizen

This depends upon how your illegal alien fiancee entered the country.

If he entered legally with a visa and overstayed, then you'll be able to apply for a green card via adjustment of status.

If he entered 'illegally' (e.g. through the border without inspection), then he may have to return to his home country to get his green card in conjunction with a waiver application.

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Answered on 4/11/08, 2:00 am


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