Columbia, MD asked in Immigration Law for Maryland

Q: My fiancé is an illegal alien. We want to get married but also want to file for green card. How do I do that?

He is from El Salvador. We want to get married first. But want to know if it be better if we get his green card first

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1 Lawyer Answer
Monica E Rottermann
Monica E Rottermann
  • Immigration Law Lawyer
  • Santa Ana, CA

A: Whether your boyfriend is eligible for a green card will depend on his immigration and criminal history. In order for you to be able to petition for him, you would first need to marry him (or he would have to qualify for a fiancé visa). However, if he has another means of immigrating, for example, if his lawful permanent resident parent previously filed a petition for him then marriage would invalidate that petition. Therefore, I suggest you consult with an immigration attorney before the two of you marry to confirm that this is the best course of action for him and that he would be eligible for a green card through the marriage.

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