Q: I live in alabama. My fiance is an undocumented immigrant. Would it be a good idea to get legally married ?
He has a valid passport and ID. I'm scared that in alabama, ICE will be involved quickly. And that our marriage wouldn't be classified as "legal."
A: This is not a simple question to answer. You should do a full consultation with an immigration attorney to understand the risks and benefits of your marriage. Best wishes!
Your marriage will be legal unless one of you is already married to someone else or under age.
Your husband may be eligible for a waiver of his unlawful presence and a green card. I suggest you contact an experienced immigration attorney to discuss the possibilities.
A: If you are a US citizen, and your fiancé entered the country legally, then you should sponsor him now for a green card so that he will be legalized upon a successful conclusion of your marriage interview which takes approximately one year after you file the case.
It would be "not a good idea", it would be the best idea under the circumstances to marry an undocumented foreign national so you may proceed to legalize your spouse immediately with a concurrent I-130, I-485 package.
Also, it is truly beneficial that your undocumented (illegal in vernacular) alien fiancee is not in removal proceedings, thus, making it a perfectly appropriate and relatively efficient legal method to seek adjustment of status to LPR.
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