The best place to get married and if his two felony as a minor will affect him filing for me?

Asked over 1 year ago - Brooklyn, NY

I am an jamaican student turning 21 february 2013, he his an american and he turns 21 October 2013. He currently attends school and work part time. We met last summer while I was there and started a relationship 7 mths now. He proposed in September before I came home. where will it be easie and quicker to get married New York or he comes to me in Jamaica? Will his felonies which are petty robbery charges will disqualify him?? Should we get a lawyer? And anything else we should know.

Attorney answers (6)

  1. Mark Robert Barr

    Contributor Level 16

    6

    Lawyers agree

    1

    Answered . His two felonies would only bar him from petitioning for you if they are specified offenses against a minor as enumerated in the Adam Walsh Act. If they were robbery convictions, then the AWA is probably not implicated, and he would be free to petition for you.

  2. Alice Antonovsky

    Contributor Level 14

    4

    Lawyers agree

    Answered . If he is a US Citizen, his felonies (unless enumerated under the Walsh Act) would not disqualify him to petition for you. If he comes to Jamaica to marry you, you will need to consular process. the other option is for him to apply for you for a fiance visa. I highly suggest that you retain an immigration attorney to help you with this and to answer any and all questions you may have. Good Luck.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more... more
  3. Jeffrey Jose Estrella

    Contributor Level 13

    4

    Lawyers agree

    Answered . You should have a highly qualified international immigration lawyer. The crimes will not disqualify him because he is a citizen unless they fall within the narrow exceptions of the Walsh Act and it looks like they do not because they seem to be petty robbery charges as you say. If you marry in NY, he can petition for you via I-130 and I-485 but if you are here illegally (entered without inspection) then you cannot waive your unlawful presence here. Are you here on F1 as a student? If you go to Jamaica, then he can apply for K1 visa to bring you here as a fiance and marry you here within 90 days or you could process at the consulate for K1 or other visa then petition for green card when back in the US.

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  4. Stephen D. Berman

    Contributor Level 20

    5

    Lawyers agree

    Answered . Quicker to get married? Quicker to move to the U.S.? How will you get to the US to get married?

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  5. Maria C. Tebano

    Contributor Level 15

    2

    Lawyers agree

    Answered . I changed your tag to immigration.

  6. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Having a lawyer always makes things quicker.

    Him going to Jamaica will probably be the faster option.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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