Legal Question in Immigration Law in New York

Want to marry??

Hi, I entered the US in 2001 legally and have overstayed and been here since then. I am now divorced and have been for the past 3 mths. My boyfriend and I want to marry..he's a citizen but there are a couple of factors I'm scared about,can u help me:

1.He's 5yrs younger than I

2. He wrks part time

3. He's on probation???

Will my case be extremely difficult?


Asked on 10/09/07, 3:12 pm

3 Answers from Attorneys

Anna Valentini Valentini Law Offices PLLC

Re: Want to marry??

Your case does not sound extremely difficult, but it is not a very easy one either. As long is a there a genuine relationship, your age difference should not be a problem. Similarly, as long in your fiancee earns 125% of the Federal Poverty Guidelines, you are fine in terms of the Affidavit of Support. I've dealt with a very similar scenarios before. Should you wish to retain an immigration attorney -- please give me a call.

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Answered on 10/10/07, 10:27 am
Patrick Klauss Berd & Klauss, PLLC

Re: Want to marry??

Dear Madam,

It is important that the marriage be a bonafide one and that you present the proper evidence in support of the good faith marriage at the interview with USCIS.

Your fiance's age, part time employment and probation are not bars to your adjustment of status. However, he will have to submit an affidavit of support with the petition.

It is advisable to seek the advice of legal counsel before seeking any immigration benefits.

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Answered on 10/09/07, 3:20 pm
Ruchi Thaker Law Office of Ruchi Thaker

Re: Want to marry??

There are numerous factors that are relevant to adjustment of status, which is the process by which you would seek to obtain lawful permanent residency in the United States after your marriage to a US citizen. Because each case must be evaluated on a case-by-case basis, it is difficult to say whether your case would be "extremely difficult." However, you should consult with an immigration attorney. A proper consultation will allow an attorney to understand all the facts of your case and to explain to you what issues or problems, if any, may arise as a result of your immigration past and your future husband's past history.

We specialize in immigration law and should you wish to consult with us, we would be happy to discuss your case.

Best wishes!

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Answered on 10/09/07, 3:22 pm


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