Will a lawyer be able to keep my boyfriend in the United States if we get married? 5 Answers as of February 02, 2011

He lived with me for over a year and we decided we want to marry; he went back to Mexico to get a divorce so he is free to marry. I looked into bringing him here legally by a k1 visa, but I do not make enough money to cover 4 people in my house, I am not in poverty with just 3, myself and my two daughters, but with him it makes four. I make 23,000 a year and do not have to pay rent. My mom owns this home and I have been only paying the taxes and property fees since 1998. I want to make him legal so I do not get into trouble for being with him, although I plan to be with him no matter what. Just prefer it legal, makes a better impression on my kids.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
When he was here previously was he legal or not? How old was he when he was here? I would be happy to consult with you on your options to apply for him but need to know about his history and then I can advise on procedures, documents, required, fees, and timing. If your income is not sufficient for a family of four you will need to also obtain a co-sponsor.
Answer Applies to: California
Replied: 2/2/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Get a second job so you'll have income sufficient to qualify to sponsor your intended for a K-1 fiance visa.
Answer Applies to: Virginia
Replied: 1/25/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You mentioned that he lived with you for over a year, and I would assume in the United States. I would also assume that he did not have legal status when he lived with you for over a year. If that is correct, then he has a problem. If you lived in the US illegally for 360 days and you leave the US, for whatever reason, you will be barred 10 years. You can still petition him for a K-1 fiance visa, but he will also need to submit an I-601 waiver and get that approved before the US embassy would grant him the K-1 visa. More information is required to properly advise you of your situation.
Answer Applies to: California
Replied: 1/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It sounds like the only thing that stops him is your financial status. You can provide other proof to show your ability to financially support him. You are right, you should talk to a lawyer to figure out a strategy for you.
Answer Applies to: Florida
Replied: 1/25/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
If you file a K-1, you may have additional sponsors in order to qualify for the affidavit of support or the I-864.
Answer Applies to: Texas
Replied: 1/25/2011
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