How long does my fiance have to be out of the country before he can immigrate? 2 Answers as of April 28, 2011

I am planning to get married with my boyfriend but he does not have papers. I want to find out what I have to do and how long he would have to leave the U.S. I want to know what to expect.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The way to do it would be to file a petition for him and have him go abroad to get his visa. He should have a good waiver ready when prompted by the consular officer to file it. Just make sure that he is a person of good moral character with no major criminal offense in his background, among other things. He may have to stay there for a little time (2 to 8 months in my estimation) while his waiver is being decided. Nobody really knows how long it would take but you should be prepared to wait several years at the current rate. You will need to check the USDOS Visa bulletin for that category. Good Luck!
Answer Applies to: California
Replied: 4/28/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Your question is not specific enough. You really need to seek an hour long consult with an immigration attorney who is competent. If he is in the US now and has no status, he risks a ten year bar at the very least when he leaves the US. It is very important that you have his case fully examined so you can understand all options available.
Answer Applies to: California
Replied: 4/27/2011
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