QUESTION

Will a lawyer be able to keep my boyfriend in the United States if we get married?

Asked on Jan 23rd, 2011 on Immigration - California
More details to this question:
He lived with me for over a year and we decided we want to marry; he went back to Mexico to get a divorce so he is free to marry. I looked into bringing him here legally by a k1 visa, but I do not make enough money to cover 4 people in my house, I am not in poverty with just 3, myself and my two daughters, but with him it makes four. I make 23,000 a year and do not have to pay rent. My mom owns this home and I have been only paying the taxes and property fees since 1998. I want to make him legal so I do not get into trouble for being with him, although I plan to be with him no matter what. Just prefer it legal, makes a better impression on my kids.
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Answered on Feb 02nd, 2011 at 5:43 PM
When he was here previously was he legal or not? How old was he when he was here? I would be happy to consult with you on your options to apply for him but need to know about his history and then I can advise on procedures, documents, required, fees, and timing. If your income is not sufficient for a family of four you will need to also obtain a co-sponsor.

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Jack C Sung
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Answered on Jan 25th, 2011 at 6:43 PM
You mentioned that he lived with you for over a year, and I would assume in the United States. I would also assume that he did not have legal status when he lived with you for over a year. If that is correct, then he has a problem. If you lived in the US illegally for 360 days and you leave the US, for whatever reason, you will be barred 10 years. You can still petition him for a K-1 fiance visa, but he will also need to submit an I-601 waiver and get that approved before the US embassy would grant him the K-1 visa. More information is required to properly advise you of your situation.

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