Permanent resident can i file for fiancé

[Permanent wife 0]

Hello everyone I am new to this forum and wanna say I am glad to be here and hopefully can share my experience and answers with anyone I can. That being said I have a situation here my fiancé and father to my 8month old daughter got a deferred sentence revoked which means that he could get jail time, if this happens I am sure ICE will visit him in jail and deport him since he is out of status I am very worried about that bcuz of our daughter my question is since I am just a permanent resident do u think that if we get married right away and file papers it would have any bearing on his immigration situation? Any answer would be grateful thank you.

[aleful 1,905]

hi

only USC can file for fiancés, there isn't a petition for fiancés of LPR

you can marry him but it won't change anything since he has to go through consular processing anyway in his country of origin

no, why would he go to jail for?

[annjadora 2]

You can marry him while locked up or by proxy depending

on what sate and jail he is in, he would still leave for counselor processing

[Darnell 8,478]

it's my understanding

that an LPR can file the big adjustment of status case in the USA,

but

the beneficiary must remain in status on the visa that first got him through a port of entry.

AND

there was a window where F2A-types were 'current' on priority date last year, so if you attempted this last year when he was in status, it might have been possible, then.

Now? Not so much.

Since he's out of status and you are a LPR, you cannot file the big AOS set after marriage and him remain here during the processing whilst the overstay is forgiven when the greencard is issued - that's a priviledge reserved for USCitizens and their foreign spouses.

Anyway - that's the jist of it. An immigration attorney will tell you something similar, many consult for free, so try to find one soonish , interview many, as I think that ALTHOUGH there is no hope for processing for a greencard inside the USA for you, an immigration attorney can tell you the same thing.

[JohnR! 5,495]

Hello everyone I am new to this forum and wanna say I am glad to be here and hopefully can share my experience and answers with anyone I can. That being said I have a situation here my fiancé and father to my 8month old daughter got a deferred sentence revoked which means that he could get jail time, if this happens I am sure ICE will visit him in jail and deport him since he is out of status I am very worried about that bcuz of our daughter my question is since I am just a permanent resident do u think that if we get married right away and file papers it would have any bearing on his immigration situation? Any answer would be grateful thank you.

As a LPR you can't file for a K-1 visa. If your relationship is real and genuine and if were planning to marry him, go ahead and do it, so you can petition for his greencard. Note the USCIS does not accept marriage by proxy, to the best of my knowledge.

[Pinkrlion 2,724]

A LPR cannot file for fiance. With your situation, you need legal counsel.

[aaron2020 11,651]

An LPR cannot file for a fiancé. Furthermore, a K-1 would not help since the beneficiary is already in the US.

Marriage and filing the I-130 is a good first step. However, the beneficiary can not adjust with a PD that is not current.

Since the new fiscal year, the PD for the F2a category has not changes from Sept. 8. 2013. That's 6 months stuck on the same date.

Go get an immigration lawyer. This is not a DIY.

[belinda63 3,038]

1. Say you marry him tomorrow. Since you are an LPR there are no benefits he can receive from you right away. He has to wait for the priority date on the spousal visa petition to become current then he has to interview for the visa in another country. Since he is out of status now even when the PD becomes current he cannot adjust from within the US.

2. If he is deported there will also be the need for a waiver or two depending on the length of his overstay.

3. Depending on the crime that may create problems also.

Best thing to do, marry now and start the paperwork for the I-130.

[QueenComley 295]

A LPR cannot file for fiance. With your situation, you need legal counsel.

100% Correct.

My (now) husband was an LPR for over 20 years when we met. We planned to K-1. Was told a big No No by my Immigration Lawyer. My Husband had to take his citizenship test and then we were able to proceed with our future plans together. I wish you lots of luck.

[Permanent wife 0]

hi

only USC can file for fiancés, there isn't a petition for fiancés of LPR

you can marry him but it won't change anything since he has to go through consular processing anyway in his country of origin

no, why would he go to jail for?

Hi thank you for your reply. Well I understand how the k1 works and was not thinking of the k-1 I was more thinking of just trying for his green card just to have something pending in the system and was wondering if that would have helped anything per se.

[Permanent wife 0]

Hi thank you for your reply. Well I understand how the k1 works and was not thinking of the k-1 I was more thinking of just trying for his green card just to have something pending in the system and was wondering if that would have helped anything per se.

[Permanent wife 0]

1. Say you marry him tomorrow. Since you are an LPR there are no benefits he can receive from you right away. He has to wait for the priority date on the spousal visa petition to become current then he has to interview for the visa in another country. Since he is out of status now even when the PD becomes current he cannot adjust from within the US.

2. If he is deported there will also be the need for a waiver or two depending on the length of his overstay.

3. Depending on the crime that may create problems also.

Best thing to do, marry now and start the paperwork for the I-130.

1. Say you marry him tomorrow. Since you are an LPR there are no benefits he can receive from you right away. He has to wait for the priority date on the spousal visa petition to become current then he has to interview for the visa in another country. Since he is out of status now even when the PD becomes current he cannot adjust from within the US.

2. If he is deported there will also be the need for a waiver or two depending on the length of his overstay.

3. Depending on the crime that may create problems also.

Best thing to do, marry now and start the paperwork for the I-130.

[aleful 1,905]

Hi thank you for your reply. Well I understand how the k1 works and was not thinking of the k-1 I was more thinking of just trying for his green card just to have something pending in the system and was wondering if that would have helped anything per se.

hi

just because you marry him and file the i130 won't change anything, since he has to leave the country anyway. as a spouse of a LPR he will have his interview in his country of origin via consular processing

the i130 takes many months, probably he would be deported anyway

there is nothing you can do

[Permanent wife 0]

Thank you to everyone.... And yes I know that I can't adjust his status right now neither was I planning to file k-1 I was just thinking to marry him and start the process for his green card that way they don't deport him then next year after I neutralize we would adjust status. So my question was does any one know if this scenario would keep him from deportation? Thank you.

[belinda63 3,038]

Probably not since he is not eligible to apply for a green card even if you marry and file the I-130. The I-130 does not grant any immigration benefits to a person it is just a petition to verify if they qualify to apply for a family based immigrant visa. He would still be out of status.

Usually when someone is incarcerated for a crime they have an ICE hold put on them and they are either deported then or after they serve their sentence.

Edited March 15, 2014 by belinda63