Legal Question in Immigration Law in Florida

Re: Status Concerns

I presume that your boyfriend came on a visitor's visa, yes? Or did he come on a visa waiver? I would get that divorce as quickly as possible, marry your boyfriend, and immediately file an I-130 and I-485, as well as I-765; once he has a pending adjustment application he will be partly okay. You and he, of course, will be interviewed, but it is likely that he isn't marrying you for papers, necessarily, because he now has a child here and papers or no, he most likely will not like to leave his child. Get married because the Department of Homeland Security won't approve an extension of a stay if it has expired. You really should find a GOOD attorney, okay, and have him explain carefully the process you need to go through in order to legalize your future husband's status. I wish you the best of luck!

Re: Status Concerns

Once you marry him after your divorce is complete, and assuming all other requirements are met, then it should help prove the validity of the marriage that you two have a child together.

Comprehensive information can be found here:

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

My legal fee is $950 and you may contact if you have any other questions or wish further assistance on this matter.