How long do I have to be married to obtain immigration papers? 4 Answers as of February 22, 2011

How hard is it for my boyfriend to obtain papers? He has never been deported. But he did get caught trying to come to the US? And how long do we have to be married to be able to start on the paper work?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You can file for your spouse's immigration the day you are married (or at least the day you have a copy of the marriage certificate which is usually a couple of days after the marriage.) If your boyfriend was caught at the border it is most important to find out what happened and whether he was allowed to withdraw his admission, deported, or allowed to voluntarily depart. To do this we would probably need to obtain a copy of the government's file through a FOIA request (Form G-639).

If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/22/2011
Law Office of Donna Nanan, PL
Law Office of Donna Nanan, PL | Donna Nanan
If you are a US citizen or permanent resident, you can apply for a fianc or spouse if you have known your fianc/spouse for at least 2 years. You don't even have to be married yet - an intent to get married is enough for you to get started. If you boyfriend has a criminal record this will be exposed in the application process and could affect (delay) the application (if there is no negative police or US immigration record there should not be a problem).
Answer Applies to: Florida
Replied: 2/4/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
There is no minimum time you have to be married to petition your boyfriend or start the paperwork for him to get his Green Card. Whether he will be able to get a Green Card, however, depends on many factors, including how he last came into the U.S., whether he is protected under 245(i), and what happened when he was caught trying to come into the U.S.
Answer Applies to: California
Replied: 2/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You can file petition as soon as you guys are married. However, because you boy friend was caught trying to cross the border, you will most likely face great challenge in getting approval. You absolutely need to work with an attorney on the petition. Good luck!
Answer Applies to: Florida
Replied: 2/3/2011
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