Can I marry a non-citizen? 2 Answers as of January 11, 2017

My fiancé cake thru the border illegally. He has a case. He pleaded asylum from his country of India. We met and fell in love and we want to marry. Can we get married? Will it affect his case?

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Baughman & Wang
Baughman & Wang | Justin X. Wang
It appears based on your description that your fiance entered the United States without inspection and he is in immigration court for his asylum application. If this is correct, you can marry him, then file I-130 visa petition. Upon approval of the I-130, file I-212(permission to apply for early admission after deportation); if I-212 is approved, then file I-601A waiver application and proceed with national visa center process. If I-601A is approved, he will be requested to go back to his home country for immigrant visa interview. If during this time the immigration judge grants his asylum application, you can stop the marriage immigration and apply for green card one year after the grant from immigration court. if he passes the interview, he receives immigrant visa and he can finally join you in the U>S> as a permanent resident. Sounds complicated? It is. You will do yourself and your finance a big favor to hire an experienced immigration lawyer to represent you in the long and complicated process.
Answer Applies to: California
Replied: 1/11/2017
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What is your status? Are you a U.S. Citizen? Is your fiance in removal proceedings or has he just filed with the Asylum Office? Since we do not have all the facts, it is impossible to give a meaningful answers. I strongly suggest that you or your fiance contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your fiance s situation. (S)he would then be in a better position to analyze his case and advise you of your options.
Answer Applies to: California
Replied: 1/11/2017
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