Fiance lost visa to stay in usa but we will gett married and i am a us citizen.

Asked over 1 year ago - Covina, CA

Hi i will be getting married with my fiance this year he entered with a legal visa as a tourist and he stayed here. He had got a ticket for driving without license that became into warrant in the state of utah he already paid this ticket. So my question is would there be any trouble for him to get his residence? Again i am a us citizen. Thanks

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . I agree with Attorney Clements.

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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Cecily Erin Clements

    Contributor Level 6

    4

    Lawyers agree

    Answered . He should not have too much of a problem adjusting status (ie. getting his green card) through his marriage to you. He will have to present the criminal documents relating to his driving without a license arrest and he should not try to hide the fact that it happened. Once you are married, file the appropriate paperwork and be open and honest about his past, including any arrests and the circumstances of his entry into the United States. I recommend consulting with an attorney as the process can be confusing and there are many factors to consider, particularly if he has additional criminal arrests. The fact that he entered on a visa helps, but the process can still be confusing. Also, you should be aware that if he obtains his green card within two years of your marriage, it will be conditional (valid for only two years) and he will have to remove the conditions later. Best of luck to you both.

  3. Theodore S. Huang

    Contributor Level 13

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    Lawyers agree

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    Answered . He should be eligible to apply for adjustment of status through his marriage to a US citizen. I strongly urge you to work with an immigration attorney who can accompany you two to the interview and address the criminal issues when the interviewing officer goes over them. The interview is what most couples find to be most stressful. Having an attorney there will help you through the process.

    (626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client... more

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