Charlotte, NC asked in Immigration Law for North Carolina

Q: How do i go about getting married if my bf is illegal? We live in n.c.

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2 Lawyer Answers

A: If you are a United States citizen, you can get married and apply for a green card for him. You will also probably have to file a waiver, if he entered without a visa. The waiver is to excuse his unlawful presence in the United States.

Ms Grace I Gardiner agrees with this answer

A: Good Morning, Marriage based Adjustment of Status is my main area of practice. I am located in the Charlotte Area and I can talk to you about your case and gather more information.

Generally, To get Married in N.C, your spouse does not need to be a U.S citizen or Green card holder. All you need are some paperwork completed before the court wedding and two witnesses during the ceremony. Be sure to contact the court house to understand the COVID-19 restrictions that may apply to you.

In my experience, Immediate family members of US Citizens (Spouse, Child, Parent) are granted forgiveness for overstaying initial visa. Nonetheless, if your spouse was not lawfully admitted, he may face problems adjusting and may be required to do a consulate process(Which raises other issues due to Travel ban in some countries).

**This information is not LEGAL ADVISE. Contact me for a Consultation before you make any legal decision.

Ms Grace I Gardiner agrees with this answer

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