It will take several years for him to get his residency if you are a Resident - assuming that he is otherwise eligible. If you become a citizen, the process takes about 6-8 months. In addition, there are many other reasons that I encourage you to obtain your citizenship, if you are eligible to do so. Make sure to speak with an attorney before filing any paperwork to make sure there are no other obstacles. Good Luck.
Massachusetts Immigration Attorney
Boston and Framingham Locations
508 455 4241
As a permanent resident, you can file a petition for your spouse. However, he'll have to wait a few years for a visa to become available, and he will have to go back to his country to finish the process. Depending on his immigration history here, there might be other issues that could complicate his case. If you become a U.S. citizen, the process is generally easier and faster. You should talk to an immigration attorney before filing anything, so that the attorney can review the facts of your case in more detail and advise you of your best options.
The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.
Because you are not a citizen, though you may sponsor him, it will take several years. If you are able, you should get your citizenship first. Then, once you have citizenship, you can marry and sponsor hi and the process should take less than 6 months.
First, marriage for the purpose of immigration is never a good idea I say this because you stated you want to help him get his papers. Best Wishes!
If you marry for any other reason you can apply for your spouse. I hope you consult with an immigration attorney who could guide you make the right choice. Best Wishes!
Practice Area: Immigration
13295 Illinois St., Ste. 128
Carmel IN 46032
Ph: (317) 660-6174
Consult an immigration lawyer as soon as possible. Many of us offer free consultations. Call around.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
It sounds like you have a meaningful and substantive relationship with your fiance. If you marry him for genuine reasons, then he will be the spouse of a permanent resident, and you can file for him to immigrate under that category (F2A). It is taking approximately 2 1/2 years for people in that category to get to the front of the line for a visa.
Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.
I agree with my colleagues here. I would just stress that you should get something filed sooner rather than later, assuming your relationship is bona fide. There likely will be (and no one knows for sure) a direct impact on all pending visa petitions/ cases if the government as promised provides for Comprehensive Immigration Reform in 2013. Part of the legal fix by Congress will have to be working on the back log of pending cases. Your petition either will be within that expedited backlog or not. So timing may really matter. Because no law is yet written, my opinion here is entirely speculative at this point-- but certainly for any future law to be a comprehensive fix--- it will have to include all those cases currently waiting in line. The best investment you can make is to hire a competent conscientious licensed attorney who knows immigration law. More cases are lost and lives devastated by bad, lazy lawyers or non-lawyer advisers than by our utterly broken system of regulations and laws. Also-- any legal advice you get on line is NEVER a substitute for hiring a good attorney. Good luck!
This answer should not be construed as being legal advice.... It is always important to consult with an immigration attorney in many cases. firstname.lastname@example.org