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US Green Card holder marrying illegal immigrant in France

Springfield, MO |

Hello, I'm a permanent residence here in the states in the last 12 years. I met my boyfriend at a social network site and been together since last year, I met with him once in Tunisia and we want to be together now. The catch is that he is in France now with expired Visa. Can we get marry or apply for a fiance' visa for him to come to US while he is still in France?

Thank you in advance.

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Attorney answers 7

Best Answer

Tough situation, and you need to speak with an attorney.

First, you can't apply for a fiance visa for him when you are a permanent resident (only a citizen can apply). also, the process for a spouse of a permanent resident is very long.

On the other hand, being illegally in France doesn't impact his legal status in the U.S.

Question is, can YOU get U.S. citizenship? May make the most sense for you to apply to naturalize as a citizen, and then apply for a fiance visa or green card for him (which wouldn't then take as long).

Whole thing would be in the neighborhood of a year and a half, instead of many years. Not great, but possible.

Speak with a lawyer for further guidance.



Thank you for your time, I am currently in a process of applying for my Citizenship, was wondering if I should finished that process first before anything else regarding my boyfriend. Thank you again :)

Stuart Jonas Reich

Stuart Jonas Reich


Assuming you are eligible, then yes - many more options for your fiance once you are a citizen. Best to seek an attorney's help with this, though.


Only Us citizens can apply for fiance visas. Unless you become a citizen , you must get married and the wait will be 3-6 years

Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at


You cannot apply for him to come to the United States as your fiancee as you are not a citizen. You can get married and then you can sponsor him but he will have to wait for his visa priority date to become current to get a visa to come live here.


No, only marriage and he cannot complete the proessing in France as an illegal immigrant.


Can you get married? Yes, but given that he is not in the US, you cannot do so in the US.
Can you apply for a fiancé visa? No. Those are only available to fiancés of US citizens.

You will need to marry abroad. You will then have to petition him and he will need to remain abroad until either you become a US citizen or his priority date becomes current.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


I agree with Mr. Fleischer, but more information is needed with respect to filing for U. S. Citizenship by naturalization. It may take nearly five years before you can file or complete the process. Perhaps, you may have accidentally lost green card starus due to a long stay away from the U. S. with no valid proof of an intent to return.

He 'should not' get a visitors visa if he intends to immigrate for the purposes of the visit. For legal advice, I strongly recommend an appointment or teleconference with a competent or experienced immigration attorney.

This is general information, not legal advice, and does not create an attorney client relationship.


Only US citizens can file for fiance visas. If you marry him, however, you will be able to file a petition on his behalf.
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Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

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