Skip to main content

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

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. 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. 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, Suite 707 San Francisco, CA 94104


  3. 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 immigration attorney preferably one who is a member of the American Immigration Lawyers Association (AILA).


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

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


  5. 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 immigration attorney.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics