Legal Question in Immigration Law in Florida

Marriage + Immigration Issue

My girlfriend and I would like to get married; however, she is not a legal immigrant. I have my business here in the United States, and I want her to stay here with me to work. Would it be better if we got married here in the U.S., or should we get married in her country to avoid any potential legal action against her for being here?

Thank you,

James


Asked on 11/12/07, 2:41 pm

2 Answers from Attorneys
Michael Cho Law Offices of Michael Cho

Re: Marriage + Immigration Issue

This would depend on how she entered the country.

If she entered legally and overstayed, then it's possible you could adjust her status to lawful permanent residence without her leaving the country.

If she entered illegally and has spent more than 6 months in the country out of status, then she would need to "consular process" abroad in conjunction with a waiver application to excuse her unlawful presence.

More information can be found here:

http://msclaw.com/index.php?page=What_are_the_lega_requirementsGC

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Answered on 11/12/07, 3:41 pm
Michelle Hofkin Law Offices of Michelle Hofkin

Re: Marriage + Immigration Issue

You could sponsor her for a fiance visa.

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Answered on 11/12/07, 2:45 pm


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