Legal Question in Immigration Law in New York

Marrying an illegal alien; which forms (e.g. I-130, etc.)?

I am a US citizen and will marry my illegal immigrant boyfriend this week. We have already signed up online at InfoPass for an appointment with USCIS in NYC on March 2. I have forms I-102 (as he has lost his original I-94, issued when he arrived legally as a tourist in April 2001--he still has the entry stamp in his passport), I-130, I-485, I-134, and 2 copies of G-325A (one for him, one for me). Are all these necessary at our first app't on March 2? Must/should/can we file all these forms together at the same time? Is there anything else we need for the appointment (aside from ID, marriage certificate, etc)? Does he need to have his medical first? Our goal is to get him working legally ASAP, i.e., what else must we do to get the SS#, etc.? For health reasons, time is of the essence; your help is thus greatly appreciated. Thank you.


Asked on 2/19/07, 9:10 pm

1 Answer from Attorneys

Patrick Klauss Berd & Klauss, PLLC

Re: Marrying an illegal alien; which forms (e.g. I-130, etc.)?

It is possible for you to file all the necessary forms in one single package. However, it is not necessary for you to schedule an infopass appointment in order to do so. The forms, fees and supporting documentation can all be sent to the Service Center with jurisdiction over your place of residence.

It is advisable to speak with an attorney before filing the paperwork or to physically present your boyfriend at USCIS considering his illegal immigration status.

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Answered on 2/19/07, 9:21 pm


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