How do I apply for a k-1 visa for my illegal boyfriend who is in jail? 2 Answers as of April 12, 2011

My boyfriend is illegal and in jail. He has an ice hold on him. If we get married while he is in jail, can I still file for a k-1 visa for him so he doesn't get deported? We also have a son together.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
If you get married while he is in jail, will only be seen as valid, and not fraudulent just to get the visa, because of your son. You cannot file for a K-1 fiance visa because he is in the USA, and because he would be your husband. The K-3 visa is only available if the second part of the K-3 is done through consular processing at the U.S. embassy or consulate in his own country. If removed, either voluntarily or involuntarily, he is subject to a ten-year ban unless he gets a waiver, which is very difficult. You would have to let me know also if he came in illegally or legally and overstayed. It would affect what his possibilities are. If you want to discuss it further, I would be glad to consult with you in a phone or in-person consultation. Feel free to e-mail or call. Best to you.
Answer Applies to: California
Replied: 4/12/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If your boyfriend is in the U.S. then ask the detention center whether they would permit you to marry there (each detention center has their own set of rules). Depending on their answer. File the necessary USCIS forms and file a motion with a Stay to stop his deportation. You need an Immigration Attorney.
Answer Applies to: Florida
Replied: 4/12/2011
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