Originally legal alien, now illegal, marrying a US Citizen. How can we apply for US residency?

Asked about 1 year ago - Houston, TX

My fiancée came to the US on a Visa with her husband at the time . They had a child in the US and then her husband divorced her and married a US Citizen to gain permanent residency . Since then her Visa has expired and she has continued to stay in the US with her child who she has custody of . Her ex has continuously threatened to turn her in to immigration and send her back to Mexico and of course keep their son since he is a US Citizen . She has not returned home on her own because she would have to leave her son here in the US with his dad . We have been together for 3 years and are going to get married . Once we are married will this case be a difficult one to obtain US residency for her ?

Attorney answers (5)

  1. Karen-Lee Pollak

    Contributor Level 19

    11

    Lawyers agree

    Answered . It should not be difficult to obtain permanent residency for her if she entered legally and the marriage is in good faith. Hire an immigration attorney ot assist yo-u.

  2. Samuel Patrick Ouya Maina

    Contributor Level 19

    9

    Lawyers agree

    Answered . If her last entry was legal and she has no other issues, the process should be very straightforward.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  3. Geoffrey Alan Hoffman

    Contributor Level 15

    9

    Lawyers agree

    Answered . I agree with my colleagues. Hire an excellent AILA attorney to assist you. If she entered lawfully and has overstayed an attorney should be able to help you with the appropriate forms and explain the process to you. Goto www.ailalawyer.com

    No attorney-client relationship is created or implied by this communication in any way. Consult a competent... more
  4. Susham Mahendra Modi

    Contributor Level 7

    2

    Lawyers agree

    Answered . I agree with my colleagues. It is best to hire a competent immigration attorney to assist you. If she entered lawfully and has overstayed, an attorney might be able to assist them with an I130/I485 concurrent application with supporting documentation to show that you both have a bona fide marriage at that time. I highly recommend you hire a competent immigration attorney. Some ways to find a good attorney are to look at their CV, work experience, affiliations, and license(s). You may look at my profile for further information.

    No attorney-client relationship is created or implied by this communication in any way. Consult a competent... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Shouldn't be hard, but retain an immigration attorney.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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