Legal Question in Immigration Law in Texas

I am an American born citizen who wishes to marry a Canadian born citizen. He wants to come here to America to live with me, but we want to do everything legally. He has been to visit me more than once, amd stayed for an extended time. We have proof of our love (pics, friends who know us well, emails, the plane ticket stubs, ect.) According to Texas law, we can be considered common law married, but I do not think that applies to cases of immigration. He would be considered a non-immigrant immigrant. He has passed over the border, and never needed a visa to come down. We want to be married legally here, as well as in Canada. But, we do not know where to begin. Neither of us has alot of money, but we are willing to work towards our goal. I am legally divorced (Janurary 2008, though we were seperated for years prior to that!), and have a child from that past marriage to support. I am also a full-time college student, and work hard at a blue-collar job. Given these facts, I fear we might not be able to make things happen. He wants to come here and be able to legally work. Currently, he is on financial assistance, as he is permanently disabled (he has had surgeries on his back, and has difficulty walking). Despite this, he is college degreed, and knows how to develop websites. He does not want me to shoulder the financial burden of this alone. He is willing to give up his status in Canada to be with me in America. We have been together for 4 years, and it is time to know whether we can make this happen. What would be the fastest way to have him come down to stay, AND be able to help support the household? Is there a way to bring him down through work? Is there any hope of this working out? I have tried to read all the immigration information, and I get confused. Please, any help would be greatly appreciated. Thank you for your time, I appreciate the consideration. :)


Asked on 10/11/09, 5:05 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Your fiance might be able to work in USA and become a permanent resident if you two marry, and then you petition for him and he applies for adjustment of status (green card).

The process takes at least a few months to complete. There are some filing fees paid to the DHS. Also, there could be legal attorney fees if you hire an attorney.

As a US citizen spouse you will be required to sponsor him and execute an Affidavit of support (therefore, you will have to show that your income is sufficient to support him).

If you'd like to schedule a telephone legal consultation, please let me know: Attorney [@] law-visa-usa.com

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Answered on 10/16/09, 6:46 pm


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