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    i need some serious advice on how to handle this situation i find myself in. if possible, i would like to only hear from those who have been in a similar situation or those who know immigration law. i have applied for citizenship using the N400 form. i realize it may take the whole process up to a year to complete. my finance, unfortunately, does not have a visa to be here. i don't want to **** up my chances of getting my citizenship, but not only are we crazy in love, i would love to help him to get his legality. suggestions on how to proceed? or if i do marry him soon, what the process would be?

  • #2
    i need some serious advice on how to handle this situation i find myself in. if possible, i would like to only hear from those who have been in a similar situation or those who know immigration law. i have applied for citizenship using the N400 form. i realize it may take the whole process up to a year to complete. my finance, unfortunately, does not have a visa to be here. i don't want to **** up my chances of getting my citizenship, but not only are we crazy in love, i would love to help him to get his legality. suggestions on how to proceed? or if i do marry him soon, what the process would be?

    Comment


    • #3
      Short answer: marriage not going to affect your N400.

      As for your fiancee, it'll depend on his status right now. If you decide to get married then:
      1)If he's an illegal then even after being granted USC you won't be able to sponsor him for AOS without him having to to leave the country(to take advantage of the I-601/I-212 waiver).

      2)If he's overstaying his visa, after getting your USC you can sponsor his AOS (I-130, I-485, I-131,I-765). His overstay will be forgiven.
      http://uscis.gov/graphics/services/residency/family.htm

      Comment


      • #4
        Hey Marmaduk. Can you elaborate more on this I-601 and I-212 for this person's fiance. Isn't it true that if he stayed as an illegal alien for over a year he gets the 3/10 bar?

        Please elaborate on the waivers.

        Comment


        • #5
          well, he overstayed his visa by 5 years, so i don't know what his status would be. (illegal?) lol. will he still be able to have that overstay forgiven?
          can i sponsor him now or will i have to wait to get my citizenship?

          Comment


          • #6
            HI
            Immi
            when he came to USA does he had legal visa.if he overstayed his visa it dose not matter how long he stayed still he can get his status changed here and can get green card here .
            And you can apply form i130 now for him and when u becomes us citizen you can update the applicaion . and applying his i130 will not afect u anyway.So go ahead apply i130 if he entered legelly . but if he entered illlegaly then he have to leave the country for intereview because he will not be covered under 245 i.i have gone through the same situation .if u neeed more information leave ur email address in post we can share more info

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            • #7
              that would be a great help! thank you. my addy is wanderingallalone@yahoo.com

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