Can my fiance in the military help me become a permanent resident? 8 Answers as of December 16, 2011

Unfortunately, there is no easy way to correct your status. If you were brought here illegally, you cannot obtain any status (unless the laws change). There is an existing exception that permits the filing of a penalty ($1,000), if you have had a previous family or employment based case filed by 04/30/2001. Has anyone in your family filed such a case? Otherwise, you must go through a consulate process and be subject to a 10 year bar.

Good news is that these cases are being approved for military spouses even with an illegal entry provided there are no other adverse factors. It is s two step process to first obtain Parole in Place which is like a fictional entry and then processing for permanent residency all while remaining in the U.S.

Please schedule a full consult with a competent immigration attorney so you can get all details of your immigration history examined. If you entered legally, then your fiancee can probably sponsor you for a GC once you are married. If you did not, then you need to see if you are 245i eligible or else you can only file by leaving the US. This will trigger a ten year bar and require an extreme hardship waiver (hard to get) so you really want to make a consult.

Yes, you will need to retain a good lawyer. Congratulations on your engagement and marriage. Once your marriage is final, your attorney will file a Petition and an Application on your behalf. You will need to demonstrate through documentation that you have a bona fide marriage. All things being equal, it sounds like your chances are good.

Your fiance's military status has no bearing on your question. Many members of the military are lawful permanent residents rather than citizens. If you marry a US citizen, and your record is clean as you say it is, then your US citizen-spouse can help you get legal residence. A spouse who is a lawful permanent resident can also help you get legal residence, but there is a much longer waiting period. Why are you waiting a year to get married? The sooner you marry, the sooner you can obtain legal immigration status.

Assuming he is a US citizen he can sponsor you but you cannot get residence. Here because you entered without inspection. Beyon that you must consultwith an expert to see what can be done.

If you were legally admitted and inspected AND your fiance is a US citizen we can help. If any permanent residence case or labor certification was filed on your behalf or by your parents before April 30, 2001, then the entry without inspection issue can possibly be overcome.

Your fianc may be able to help your situation. The fact that you entered the country illegally is the biggest problem. I understand that you were only 2 at the time, but it is still an issue. Typically, a person who enters the united States illegally cannot adjust their status here. They are required to their native country and process through the U.S. Embassy/Consulate. This often result in a waiver being needed to excuse unlawful presence. This waiver is based upon extreme hardship to your spouse. Spouses of individuals serving in the U.S. military are typically granted such waivers with little problem. However, there has also been success with having military spouses receive parole in place, which allows them to adjust their status in the U.S. Once you are married, you and your husband should retain an attorney to assist you with this process as they may be able to help you avoid leaving the country.