Legal Question in Immigration Law in California

The first issue to be concerned with is the fact that your fiance no longer has valid visa status. For most persons who no longer have a valid visa they would have to process their visa outside the U.S. which sometimes raises 3 and 10 year bar to re-entry issues. In your case however, as your fiance will be marrying a US Citizen this overstay is forgiven.

The other issue to be concerned with is whether your fiance entered under false pretenses. I would advise speaking with an immigration attorney to get case specific advise on your situation.

Note that this information is merely intended as background information and not to be taken as legal advise. Additionally no attorney-client relationship is hereby created.

Regards,

Hendrik Pretorius

Attorney at Law

Pretorius Law Firm

www.pretoriuslaw.com

Telephone: 408.510.2501

Fax: 408.890.4796

E-Mail: [email protected]

Skype: pretoriuslaw

Assuming that your fiance initially entered the U.S. legally, even though his I-94 has subsequently expired, all sponsorship paperwork can be filed concurrently including the immigrant petition, adjustment of status application, and employment authorization application. He will be able to adjust status in the U.S.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for additional guidance.

You'll want to apply for the adjustment of status. Detailed information on the process can be found here:

http://www.msclaw.com/Green_Card_for_Spouse.html

He can adjust status within 4 months after the marriage. Immigration willl charge you $1,365 and you can contact us anytime to get all the paperwork ready for him. He will now receive a conditional green card for the first two years. Within the last 90 days, before it expires, you will file a joint petition to remove that condition. Contact us at 323-549-9385