Legal Question in Immigration Law in Massachusetts

Re: Student Marriage

First, we would need to know how and when did your husband enter the USA. If he originally entered legally or if he was the beneficiary of a qualifying immigration petition filed before April 30, 2001, he could technically complete the adjustment of status process while remaining in the USA. If he entered without inspection, you can start the process in the USA, but he would eventually have to leave and complete the process abroad, however, depending on how long has he remained in the USA illegally, you will have to file a waiver for him to come to the USA in less time than the statutory ban. There are a lot of complexities and intricacies of the law that will need to be explained to you by an experienced immigration attorney. You can feel free to contact me so we can discuss further in private. You can also schedule a meeting at my office, if you wish (I am also located in MA). We offer free initial consultations to Law Guru users. Good luck!

Re: Student Marriage

It depends upon how your husband entered the U.S.

It's probably best if we discuss the details of the case over the telephone.

You may also found comprehensive information here: http://www.msclaw.com

Re: Student Marriage

If your husband entered the United States without inspection, that is entered illegally, he would be required to return to his home country and consular process. The only exception would be if, prior to April 30, 2001, someone filed a petition on his behalf, or he filed an application for an immigration benefit. Otherwise, you need to file an I-130 petition on his behalf, and it will be forwarded overseas so that he can interview at his embassy and then enter. So, right now, the first thing you will have to prove for the I-130 is that your marriage is bona fide, real; living apart and seeing each other each a few times in a month is not going to cut it! It would have been smarter for him to return to his country BEFORE you married, and you could have filed a fiance petition for him. Good luck!