Legal Question in Immigration Law in New Jersey

Marrying Illegal who wants to go home first

This question is three-fold: my boyfriend has overstayed his work visa by 6 years so he is currently illegal. We want to get married but his divorce is not final in his home country (Turkey) so we can not marry yet in the U.S. He wants to return home, settle his affairs and then have me go there and get married. I am concerned with what will happen to him when he tries to leave the U.S. to go home. Will he be deported? Banned? Please help, thank you.


Asked on 10/02/07, 9:00 am

2 Answers from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: Marrying Illegal who wants to go home first

Your concerns are very much justified. Due to the fact your fiance has overstayed his visa for more than one year he will have a bar from reentering the country for 10 years if he decides to leave.

However, if his divorce becomes final and you can legally get married he may be eligible for adjustment of status if he remains here in the U.S.

It is advisable to speak with an immigration attorney regarding the details of your situation before applying for any benefits with the USCIS.

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Answered on 10/02/07, 9:29 am
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Marrying Illegal who wants to go home first

As soon as he leaves he triggers a bar to reenter the US. It will be for 10 years.

If there is a way for him to finalize his divorce while he is here he'll be in good shape. If not I regret to say you'll have to choose between not marrying him or having him leave and be barred for 10 years. If he can get the divorce done while he's here talk to me and I will walk you through the rest of the process.

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Answered on 10/02/07, 10:34 am


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