Legal Question in Immigration Law in New York

Re: U.S. Travel/Marriage & Need Local Lawyer

If your fianc�e does not have a valid U.S. Id his traveling may be risky, thus you better get married in New York and start adjustment of status process. Upon marriage, properly, filed papers will allow your future husband to receive employment authorization fast (about 90 days) and will allow you celebrate your special occasion at any place within the U.S.

Also, our New York state based adjustments of status were conclude as fast as our California based cases.

If you have further concerns feel free to contact us.

Re: U.S. Travel/Marriage & Need Local Lawyer

Since your fiance has no lawful status, I would not recommend travelling even within the U.S. There are passenger lists on the domestic flights as well as on the international flights. ICE can check the list on the flight to California and he could be detained from the gate within 30 minutes of the flight. Also, TSA, the security company at the airports, has the authority to check the identification documents and he might be detained even before getting to the gate. In order to get married in New York, your fiance should have some valid U.S. issued ID, -- otherwise you might have a problem to get married unless you travel to some small towns within the NY State. The processing of the adjustment of status is fairly quickly in all states and takes approximately the same time -- 4 to 6 months. He will be able to travel as soon as you get the receipts for filing the petition and applications with the USCIS and his Polish passport.

My office is located within 30-minute drive from NY and I serve European community.

Re: U.S. Travel/Marriage & Need Local Lawyer

If your fiance has overstayed his visa, then travelling across the country could be risky. There are different options for him, that you may want to consider, which would allow you to have a wedding in California, without taking such risks (i.e., filing the application before he travels).

If you would like to discuss further, please do not hesitate to contact me directly.

Re: U.S. Travel/Marriage & Need Local Lawyer

Your fiance is here illegally. Therefore, why would you subject yourselves to possible trouble by flying to CA to get married? I suggest you get married in NY first (and as soon as possible), then apply for AOS (immediately thereafter), then travel to CA if necessary.