• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I need your help!!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Moana

Junior Member
What is the name of your state? New York

I am a Naturalized US citizen. I've been together with my fiance for six years and I've a year and half of living with him. We're skeptical about getting married. In the first place my fiance came tho this country illegaly, has lived in this country for the past eight years, and he pays his taxes. Now, will he be able to adjust his immigration status if he marries me? Would it be better if we get married in Ecuador(our country of origin) and then apply for the I-130 ? Or get here in the US and then apply for the I-130? What would be more recommendable? If none of these options could adjust my fiance immigration status are there any other options?
Thank you for taking your time in reading this message. I hope your advices will help me and my future husband make a better decision tomorrow.
 


js604

Junior Member
im wondering why he pays taxes, or how i should say if he lives here illegally? does he work illegally as well? what is his current status?
 

ImmigAttyLana

Senior Member
If he entered the country illegally, even if you get married, under the current immigration laws, he will not be able to legalize his status within the US. If he departs the US, he will be barred from reentering the US for 10 years unless a waiver on the basis of a showing of extreme hardship to a US citizen is granted.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

evcalyptos

Senior Member
What is the name of your state? New York

I am a Naturalized US citizen. I've been together with my fiance for six years and I've a year and half of living with him. We're skeptical about getting married. In the first place my fiance came tho this country illegaly, has lived in this country for the past eight years, and he pays his taxes. Now, will he be able to adjust his immigration status if he marries me? Would it be better if we get married in Ecuador(our country of origin) and then apply for the I-130 ? Or get here in the US and then apply for the I-130? What would be more recommendable? If none of these options could adjust my fiance immigration status are there any other options?
Thank you for taking your time in reading this message. I hope your advices will help me and my future husband make a better decision tomorrow.
If he entered the US illegally (snuck over the border), he is not eligible to Adjust Status at all.
He will have to apply for a visa in his home country, be refused, and file for a waiver. You can find specialized discussion of this topic here: http://www.familybasedimmigration.com/forum/forumdisplay.php?f=21 and at the I-601 Forum at a www.immigrate2us.net
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top