Legal Question in Immigration Law in California
immigration marriage laws
i am about to marry an illegal alien who came here on a 6 month visa 7 years ago. what do we need to have for us to get married and what do we need for him to be able to stay here with me?
3 Answers from Attorneys
Re: immigration marriage laws
You should apply for adjustment of status for him..along with I-130, 1-485 and also apply for 601 waiver. The process is pretty complex, his medical examination, your last 3 years tax returns are necessary. since he came with a visa...he does not need to go back.
Re: immigration marriage laws
If your fiance has proof of lawful entry (i.e., stamp in the passport, I-94 card), you should be able to file an adjustment of status application (green card application). Under the immigration law, if someone enter the United States lawfully, he or she is permitted to apply for a green card based on a marriage to a United States citizen even if he or she is out of status.
If you are interested in speaking to an attorney, please feel free to contact me for a free consultation.
Re: immigration marriage laws
Your spouse will likely have to return to his home country to consular process and apply for a waiver of his illegal presence unless he qualifies under 245(i).
You may find additional information here:
http://msclaw.com/index.php?page=What_are_the_lega_requirementsGC
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