Wewahitchka, FL Immigration Law Firms & Lawyers

Our advice in the past has been that a straight flight to a US territory like St. Thomas and a direct flight back to the US is legally feasible for persons with pending adjustment of status applications, although there could be problems with immigration authorities on the return. The advice still holds even as we have noted instances in which people have been given problems on closed loop voyages due to confusing advice by Customs and Border Protection. We have also just heard that a F-1 student was required to produce an original USCIS approval on a domestic trip from New York to Los Angeles. If you are willing to deal with a potentially stressful situation, you can go, but if you do not do well in such situation, you may decide to cancel the trip. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

It  all depends basically on where your boyfriend is.  If he is in the US you can marry him here, and then the real question is where to process his green card application.  If he entered legally and you are a US citizen, then in most cases (depending on how he entered the US), he can adjust his status here and it is unnecessary for him to depart the US.  In most cases this is true even if he entered legally but is now illegally here because he overstayed.   If he entered illegally, depending on the circumstances of the case, he may need to process his case abroad (in his home country), and that can have other consequences.  It is difficult to give you a specific way to proceed without having more information, but if you tell me how he entered the US, I might be able to tell you more specifically.   When you ask whether you need to have your own place, that is a little vague.  If you share a home with roommates (or even your parents) and your husband will be joining you, that is acceptable, but you do need to show that the relationship is real.   In terms of your income, there is a requirement that you file an affidavit of support showing that you can support him if he should become a public charge, the amount you need to show will depend ont he number of dependents you have.  If he is adjusting status in the US, he should be able to get permission to work here within 90 days of filing the application.  I hope this helps you. Jan Joseph Bejar.

Even if you gained your lawful permanent residence status to a prior marriage, you are eligible to file a new immigrant petition on behalf of your new spouse. However, an immigration officer may scrutinize the application at the interview to ensure that you were in a good faith relationship with your prevuious husband. If the officer is satisfied that everything is in order, the officer should make a favorable decision. I do suggest that you contact a lawyer to be fully informed prior to proceeding.