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Marrying someone under Temporary Protected Status

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  • Marrying someone under Temporary Protected Status

    I am a natural US Citizen. My fiancee is here on a Temporary Protected Status Visa. He is from EL Salvador. We want to get married and have already applied for our marriage license which is valid until Jan.'04. Are there any further immigration requirements that we will need to fulfill prior to or after our marriage? My fiancee plans to stay here in the US. He does not want to go back to El Salvador. He has been in the US since 12/99. I have tried searching online for information and I have not found anything specific that references a marriage between a US citizen and an individual in the US on temporary protected status.

  • #2
    I am a natural US Citizen. My fiancee is here on a Temporary Protected Status Visa. He is from EL Salvador. We want to get married and have already applied for our marriage license which is valid until Jan.'04. Are there any further immigration requirements that we will need to fulfill prior to or after our marriage? My fiancee plans to stay here in the US. He does not want to go back to El Salvador. He has been in the US since 12/99. I have tried searching online for information and I have not found anything specific that references a marriage between a US citizen and an individual in the US on temporary protected status.

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    • #3
      If he entered without inspection then you have a problem. He will not be able to adjust his status, and if he seeks consular processing he may be subject to a 3 or 10 year bar depending on his time out of status before the TPS.

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      • #4
        Katycab,

        Thanks for the reply. What do you mean by "consular processing" and what is a bar? I believe he did enter without inspection. Is there anything we can do now on our own or should we seek legal advice after we are married?

        wie2077

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        • #5
          Consular processing - means when he has to go abroad to his home country's U.S. Embassy/Consulate to apply. The bar means that he will be unable to enter the U.S. for either 3 years or 10 years, depending upon how much time in unlawful status he has accumulated. If he entered without inspection, he may not be eligible to adjust status in the U.S. Definitely seek qualified counsel.

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