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  • General Mariage Question

    Hi! I am hoping someone can help me with some basic questions I have.I am really at the planning stages and have some questions that will definitely reveal my ignorance on the whole visa issue; I am apologizing in advance!
    1. If you get a civil marriage with an illegal immigrant (as you can do where I live with them signing an affadavit), will they ever be able to become a legal resident of the U.S.?
    2. If you have a criminal charge (1 charge: assault) on your record, when they do the FBI record check, can you be denied citizenship for that alone?
    3. Last but not least, is it better to go and get married in the country where illegal immigrant is from and get apply for a K-3 visa or have them return to their country and apply for a K-1?

    My boyfriend of two years is an illegal immigrant and we want to get married but don't know what we need to do. Of course we would both like for him to be "legal" but more importantly I don't want something to happen in the future when we have children, etc. and him be deported or something. I would appreciate any advice anyone has to offer. I am sure I will have more questions later! Thanks!

  • #2
    Hi! I am hoping someone can help me with some basic questions I have.I am really at the planning stages and have some questions that will definitely reveal my ignorance on the whole visa issue; I am apologizing in advance!
    1. If you get a civil marriage with an illegal immigrant (as you can do where I live with them signing an affadavit), will they ever be able to become a legal resident of the U.S.?
    2. If you have a criminal charge (1 charge: assault) on your record, when they do the FBI record check, can you be denied citizenship for that alone?
    3. Last but not least, is it better to go and get married in the country where illegal immigrant is from and get apply for a K-3 visa or have them return to their country and apply for a K-1?

    My boyfriend of two years is an illegal immigrant and we want to get married but don't know what we need to do. Of course we would both like for him to be "legal" but more importantly I don't want something to happen in the future when we have children, etc. and him be deported or something. I would appreciate any advice anyone has to offer. I am sure I will have more questions later! Thanks!

    Comment


    • #3
      It's according to the type and seriousness of the charge as to whether it can affect his immigration process. You say "illegal", do you mean he entered the country without inspection or he is an overstay? If he entered without inspection it MIGHT be simpler for him to leave and for you to file for k-1 or k-3. BUT you need to be absolutely sure the assault charge won't hold him up SO it might be better if you filed for him here, they'll deny it you'll file I-601 and hopefully have no problems... Also, if immi knows that he was here illegally and left there will be major problems. If he is an overstay and entered with inspection then more than likely there won't be a problem with him adjusting status based on marriage to you. UNLESS the assault charge is considered a crime of moral turpitude. In my opinion you need a very good immigration attorney, to at least consult with about the assault charge.

      Comment


      • #4
        Do immigration lawyers really help you? I don't know anyone who has ever used one. Do you know if there is anywhere to find out what they consider a crime of moral turpitude?

        Comment


        • #5
          The possibilities and options available depend on if your boyfriend entered with inspection or not, if the "assault" was a single offence and what the mandatory sentence was, regardless of what he did to satisfy the charge. If the offence was commited when he was considered a minor it may not be an issue at all.

          If he leaves the country prior to marrying and has overstayed for 2 years, he may be subject to a 10 year ban, so please consult an immigration attorney to consider all of the potential pitfalls before deciding to do anything. To get an idea of what constitutes moral turpitude, some detail is offered in the Foreign Affairs Manual.

          http://foia.state.gov/masterdocs/09fam/0940021aN.pdf
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment

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