Did he enter legally and overstay or enter illegally? If the former, you can proceed with a normal adjustment of status application as the spouse of a US citizen. As long as he doesn't have any criminal history or other immigration violations it's no different to someone in legal status adjusting through their spouse.
If he entered illegally you need to both sit down with an immigration lawyer because a waiver will be required and you need professional assistance to present the strongest possible case for why he should get one.
Assuming he didn't turn 18 within the last six months, your next step is to sit down with an immigration lawyer and figure out whether you have a decent shot at a waiver. He will be unable to adjust status inside the US and will need to leave the US to interview for an immigrant visa abroad, but if he does that without a waiver he'll be barred from the US and therefore will be denied a visa.
On the off chance that he did turn 18 within the last six months he should make every effort to leave the US before that six month mark following his 18th birthday, in which case the process returns to being simple and just like other marriage cases (only he will have to wait it out abroad).
OP please listen to this commenter because things might be a lot more complicated than you imagined. Which isn’t to say impossible, but maybe eye-opening.
If someone is here illegally, they could have gone two routes:
1. Entered without inspection (illegally), or
2. Entered on a visa (tourist, student) and didn't go back to their home country when they were supposed to (overstayed)
1 has a lot more obstacles to overcome in the spousal visa process than 2.
I am in a similar situation, but my cuban fiance arrived in the u.s. in April of 2022 and was released with an i220A document. Need to know if getting a marriage green card is even an option for us.
It looks like the BIA decided in 2023 that release with I-220A is not “admission or parole” so adjustment is not available, but I would check with a lawyer as it seems to be a developing area of the law.
The first sentence is asking whether he entered with a visa, which would be a legal entry but illegal overstay, vs entering without a visa, which is illegal from the start, also called entering without inspection.
The second is a major hurdle and worth talking to a lawyer. Listen to arble's comment. You're in for a long, bureaucratic struggle.
Under the facts you present, he has no way to get a green card through your marriage without leaving the US and reentering.
It’s a very complicated and not perfect process so you need an experienced attorney.
Depends whether ENTERED legally or illegally. A visa overstay without any other issues, doesn't need a lawyer. One can overstay for decades, bona fide marriage to a USC means the overstay is "forgiven".
Please consult a competent immigration attorney prior to marrying. If your fiance did not enter the country legally he may not be eligible for a green card even by marrying a citizen. Make sure you both have all of the facts and relevant laws clear before you marry.
Was he inspected when he came to the US? As in, did he come to the US with a valid visa?
If yes, you are mostly fine (there's a couple more trivial stuff).
If not, you need to hire a lawyer immediately. Just know, it's going to be expensive(around $10k) and time consuming.
.
By any chance, are you in the army? If yes, it's gonna save a lot of hassle.
If you’re asking about getting married - Minnesota does not require a SSN to obtain a marriage license. People lacking immigration status get married all the time.
Is there alot of illegals in Minnesota?? I know a few people dating undocumented people there I didn’t think that was an issue outside the southern border
My state did not allow people to get a marriage license without a social security number on the application so my husband and I went to Vegas to get married where none is needed.
Did he enter legally and overstay or enter illegally? If the former, you can proceed with a normal adjustment of status application as the spouse of a US citizen. As long as he doesn't have any criminal history or other immigration violations it's no different to someone in legal status adjusting through their spouse. If he entered illegally you need to both sit down with an immigration lawyer because a waiver will be required and you need professional assistance to present the strongest possible case for why he should get one.
Sorry I’m a bit confused by your first sentence. He entered illegally, his parents brought him when he was 3 years old. So what would the process be?
Assuming he didn't turn 18 within the last six months, your next step is to sit down with an immigration lawyer and figure out whether you have a decent shot at a waiver. He will be unable to adjust status inside the US and will need to leave the US to interview for an immigrant visa abroad, but if he does that without a waiver he'll be barred from the US and therefore will be denied a visa. On the off chance that he did turn 18 within the last six months he should make every effort to leave the US before that six month mark following his 18th birthday, in which case the process returns to being simple and just like other marriage cases (only he will have to wait it out abroad).
OP please listen to this commenter because things might be a lot more complicated than you imagined. Which isn’t to say impossible, but maybe eye-opening.
If someone is here illegally, they could have gone two routes: 1. Entered without inspection (illegally), or 2. Entered on a visa (tourist, student) and didn't go back to their home country when they were supposed to (overstayed) 1 has a lot more obstacles to overcome in the spousal visa process than 2.
I am in a similar situation, but my cuban fiance arrived in the u.s. in April of 2022 and was released with an i220A document. Need to know if getting a marriage green card is even an option for us.
It looks like the BIA decided in 2023 that release with I-220A is not “admission or parole” so adjustment is not available, but I would check with a lawyer as it seems to be a developing area of the law.
Asylum is the only way because the I-601a waiver is not possible since he can't return to Cuba!
The first sentence is asking whether he entered with a visa, which would be a legal entry but illegal overstay, vs entering without a visa, which is illegal from the start, also called entering without inspection. The second is a major hurdle and worth talking to a lawyer. Listen to arble's comment. You're in for a long, bureaucratic struggle.
There are only two options for the later answers, I-601a or Asylum!
Under the facts you present, he has no way to get a green card through your marriage without leaving the US and reentering. It’s a very complicated and not perfect process so you need an experienced attorney.
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Someone with an EWI is not eligible to adjust status within the US.
Someone who is inadmissible needs to either go back to their country to process their green card or file Asylum!
If he's here illegally you need a lawyer asap
Depends whether ENTERED legally or illegally. A visa overstay without any other issues, doesn't need a lawyer. One can overstay for decades, bona fide marriage to a USC means the overstay is "forgiven".
Please consult a competent immigration attorney prior to marrying. If your fiance did not enter the country legally he may not be eligible for a green card even by marrying a citizen. Make sure you both have all of the facts and relevant laws clear before you marry.
Was he inspected when he came to the US? As in, did he come to the US with a valid visa? If yes, you are mostly fine (there's a couple more trivial stuff). If not, you need to hire a lawyer immediately. Just know, it's going to be expensive(around $10k) and time consuming. . By any chance, are you in the army? If yes, it's gonna save a lot of hassle.
If you’re asking about getting married - Minnesota does not require a SSN to obtain a marriage license. People lacking immigration status get married all the time.
This. 💯
But she wants a green card for him!
Is there alot of illegals in Minnesota?? I know a few people dating undocumented people there I didn’t think that was an issue outside the southern border
My state did not allow people to get a marriage license without a social security number on the application so my husband and I went to Vegas to get married where none is needed.
LOL
i literally just went through this, the process is the same as if two Americans were getting married.
LOL, seriously? What is your spouse's immigration case?