Legal Question in Immigration Law in California

Marriage to and undocumented immigrant

Hello, my boyfriend and I have

decided to get married. The only

issue is that he is undocumented, he

was brought to the U.S. illegally

when he was only 2 years old, he is

now 21. We have no idea of the

immigration process. Some people

have suggested that it is better if we

marry in Mexico and petition the

residency that way. We are aware

that he will have to go back there

and wait, but any info would be

appreciate it. I am a naturalized US

citizen, by the way.


Asked on 12/29/08, 2:20 am

3 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

Re: Marriage to and undocumented immigrant

Assuming he does not qualify under 245(i) due to a prior petition having been filed for him or his parents, it's best to get married in the U.S. and file for his K-3 spouse visa.

He'll eventually need to go back to Mexico (Ciudad Juarez) for his visa and waiver interviews.

Please contact me if you require formal assistance on this matter. More information can be found at http://www.msclaw.com.

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Answered on 12/29/08, 3:45 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Marriage to and undocumented immigrant

If you are located in Orange, San Diego or Imperial counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

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Answered on 12/29/08, 11:48 am
Joshua Hale Hale Law Group

Re: Marriage to and undocumented immigrant

If you ask 10 attorneys in immigration you will likely get ten answers. Lately with Jaurez, we have had luck using an alternative method to a standard k-3 petition.

We are looking forward to hearing from you and helping you on this if you would like.

JDH

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Answered on 12/29/08, 12:31 pm


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