How do I marry a non citizen in the US? - Immigration Law Questions and Answers- LawQA.com

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How do I marry a non citizen in the US?

I am a US citizen. My boyfriend is here on a current student visa from Africa. We plan to marry soon, having been together for 2 years. How do I go about helping him apply for permanent citizenship so he can stay?

Answer By Nathan Bogart

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The rules of how to marry a person are governed by each state, so you will need to refer to your particular state, most likely through the county, as to how to go about getting married. After marriage, you can file an I-130, "Petition for Alien Relative" on behalf of your husband. If he entered lawfully, which it appears he did, you can also file the I-485, "Application for Permanent Residence," the I-864 "Affidavit of Support" and the I-765 "Application for Work Authorization" along with the I-130 in one packet. Before you do, you will need to speak with an immigration attorney. The process is not easy, and a good attorney can help you navigate it with little trouble. In addition, you will need to be completely up front and honest with your attorney about every little detail so he or she can evaluate any hurdles you might face, such as bars of inadmissibility and successfully presenting the bona fides of the marriage. Good luck!

Answer Applies to: Missouri
Replied: 3/9/2012

Law Offices of Svetlana Boukhny
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You can get married and then file for his permanent residence on the basis of a valid bona fide marriage to a US citizen.

Answer Applies to: California
Replied: 2/20/2012

Answer By YAHIMA SUAREZ

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You must file a family based visa petition after you are married and must prove to immigration that your marriage is legitimate and not entered into fraudulently just for papers. Your boyfriend, then your spouse, will be able to become a resident of the US. To become a citizen, a person must be a permanent resident for 5 years or 3 years if married to a US citizen to become a citizen. You will need to file a visa petition together with application for adjustment of status and work permit together will all evidence required by the applications and to support the validity of the marriage. The above is only general information and shall not be construed as legal advice. It is always recommend you consult with an attorney to review all the details of your case.

Answer Applies to: Florida
Replied: 2/20/2012

Answer By Alexander Segal
Law Offices of Grinberg and Segal
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The first step is to marry. Once you have married, you and your husband will file applications with USCIS. It is important that your husband maintain lawful immigration status by continuing his education in the interim. This ensures he remains in a valid immigration status. It is also important to make sure he is not subject to the 2 year residency requirement. This is typically written on his I-94. You will request an immigrant visa and your husband will request a green card. You will be required to submit supporting evidence and appear for at least one interview. The process takes about 8 months to a year to complete. You should consider hiring an attorney who can help guide you through the process.

Answer Applies to: New York
Replied: 2/20/2012

Answer By Philip M. Zyne
Philip M. Zyne, P.A.
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You should marry your boyfriend and then you can file an I-130 petition on his behalf, and he can file an application for adjustment of status to permanent residence. I would suggest that you first speak with a qualified immigration law attorney to make sure that you and he meet all the necessary requirements before you file.

Answer Applies to: Florida
Replied: 2/20/2012

Answer By Leon Wildes

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When you marry him you can sponsor him for permanent residence.

Answer Applies to: New York
Replied: 2/18/2012

Law Offices of Alan R. Diamante, APLC
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Once you marry you can petition him for residency.

Answer Applies to: California
Replied: 2/17/2012

Law Offices of Caro Kinsella
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You need to file adjustment papers, but you should retain an Immigration Attorney to file the petition on your behalf.

Answer Applies to: Florida
Replied: 2/17/2012

Answer By Aime Katambwe
World Esquire Law Firm
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Make sure you are 21 years of age and if you feel strongly about him and that you marry him in good faith, then you can file an adjustment of status for him and he will be allowed to stay. Getting married is as easy as going to the appropriate government office and fill out the proper paperwork. Las Vegas, Nevada has plenty of places where you can get this accomplished in a jiffy. I suggest that you hire competent counsel to help you through this process.

Answer Applies to: California
Replied: 2/17/2012

Answer By William D. Fong
Fong & Associates
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As he is in valid immigration status, after you marry, you file the relative petition and he files for adjustment of status. Please note that his F-1 visa for travel will not likely be re-issued after you petition for him. You should consult with an immigration attorney to determine the best timing of the filing.

Answer Applies to: Texas
Replied: 2/17/2012

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