Legal Question in Immigration Law in Pennsylvania

Re: marriage to a non-citizen

You can file a fiance visa which gives you 90 days...or you can file a alien relative petition if you decide to get married prior to filing the fiance visa. Please call our office for a free consultation.

Re: marriage to a non-citizen

You may find all the legal requirements here:

http://www.msclaw.com/What_are_the_lega_requirementsGC.html

Or contact me should you require formal assistance on this matter.

Re: marriage to a non-citizen

You asked about possible marriage to a visiting foreign national.

Good news, if you act quickly you and he can achieve the desired result. There are various visa options depending on his particular circumstances. The most obvious is a fiance visa which will require that the affianced parties are married within 90 days after the visa issues. If married then he would need to file for a change of status upon marriage. Another option is to get married and file for a spousal visa. There are other options which may or may not apply depending on the circumstances.

Yes, there is a sponsorship requirement for most types of nimmigrant visas. In this case the sponsor would have to prove they had a certain level of income (for the past few years) or a certain amount savings. This is to give some assurance to the government that the immigrant would not utilize or become dependent on government benefit programs. If the immigrant does use government benefit programs the sponsor could be held liable for the amount of the benefit. (Of course there are defenses to such liability, but they would be what are known as affirmative defenses.) The earnings or savings amounts are modest and are often relatively easy to meet. There are even alternatives to meet these requirements in particular circumstances.

It is highly recommended that you use a lawyer to file and shepherd the visa through the administrative process. There are numerous traps for the unwary.

If you would like to proceed, please call.

Regards,

Roger

Re: marriage to a non-citizen

If you are planning on marrying, technically, because he originally entered legally to the USA, he could adjust status without having to leave the country. The issue of intent at the time he came to the USA will most likely turn up at the interview (if you decide to marry and be his petitioner). You will have to meet the poverty guidelines in terms of income in order to be able to submit the affidavit of support on his behalf. If you do not meet the income requirements, you can have a co-sponsor who does (and who meets the income requirements and is willing to sign the affidavit of support). It seems like you do need the assistance of an attorney to discuss and be able to overcome these issues. Feel free to contact me if you would like to discuss further in private. Good Luck!