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I'm an immigrant and want to marry my bf who is a US citizen I've been in the country for about 12 years. Is it possible?

Garden Grove, CA |

I entered without a visa and don't have a passport. I graduated high school but haven't had a chance of going to college because my mom is sick with bone cancer and I have a little brother who is 14 years old who needs me. My bf and I have been dating for more than a year and are planning to have a baby do I need to leave back to my country and I would love to know exactly what paperwork is needed? And how much?

Attorney Answers 2


  1. Yes, it is possible. Your future husband will need to first file for you in the U.S., then the extreme hardship waiver which you will need to be let back into the U.S. Starting November the Extreme Hardship Waivers can be filed in the U.S., while you wait for the adjudication. Once approved you can then travel to the U.S. consulate in your country, obtain an immigrant visa and come back as a resident. T
    This is not the type of case you'll want to file on your own. The extreme hardship waiver is a very laborious process and must be meticulously prepared by a real attorney (and not a crooked "notario" or "immigration consultant"). You'll fail miserably otherwise.
    In my office we are ready to help you.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I agree with the previous attorney's response. I would just like to add that you may want to consider, or ask about, the stateside waiver process for spouse's of U.S. citizens.

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