Leslie

I have a question I have been trying to find an answer to for a dear
friend of mine. He is planning on getting legal advice but he's
curious and too nervous to write himself.
He is engaged to an illegal alien who came on a visit and just never
went back. They have been living togethor for three years and they
want to get married, but he is afraid that when they do, his fiance
will be found out and deported before they can get things straightened
out legally. Is there any way they can tell whether the fiance is
illegal just by the marriage papers going in ? They really want to be
married.

Mrtravel

leslie wrote:
    >
    > I have a question I have been trying to find an answer to for a dear
    > friend of mine. He is planning on getting legal advice but he's
    > curious and too nervous to write himself.
    > He is engaged to an illegal alien who came on a visit and just never
    > went back. They have been living togethor for three years and they
    > want to get married, but he is afraid that when they do, his fiance
    > will be found out and deported before they can get things straightened
    > out legally. Is there any way they can tell whether the fiance is
    > illegal just by the marriage papers going in ? They really want to be
    > married.

If she entered on a visa (or under the Visa Waiver Program) and didn't
commit fraud in getting the visa or entering the country, then they can
file for adjustment of status (I-130, I-485, and other paperwork) as
soon as they are married, and would more than likely be successful.
However in many places it might be difficult to get a marriage license
without proving you are here legally. It depends on the location.
In many places, someone in the immigrant community might be able to give
her that info.
As soon as they file for adjustment of status, she can stay in the US
until a decision is made by the new INS (BCIS)

Caro

It depends what you mean by illegal.

1) If she has snuck accross the border, they have a big problem.
2) If she has been inspected upon entry and overstayed, that should not be a problem. After the wedding, they should file I-130/I-485 (plus a bunch of forms) to adjust her status.

Caroline

Jockgurl

Hi leslie
I did the same thing originally.It was 12 years ago tho so im sure
things have changed.I had no problems I got married in september 1990
and had my aos interview in January 1991.I just had to bring lots of
stuff showing we had been living together etc bills lease that kind of
thing plus my wedding pictures and tax returns (my boss had gotten me
a ss # i dont know how lol).I had no problem getting a licence or
anything but as I said it was a long time ago and things have probably
changed.Good luck