Mesa, AZ asked in Immigration Law and Civil Rights for Arizona

Q: I'm living in Arizona, am naturally born in the USA and a veteran. My boyfriend is here on a visit visa

We planned on getting married in Mexico and in the USA. With president Trump in office how difficult could this be? We're now thinking about marrying in the USA first being afraid that President Trump may start pulling Visa's and enforcing more deportations. Thank you

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2 Lawyer Answers

A: A United States citizen can marry her boyfriend and apply for her boyfriend’s green card as long as the boyfriend entered with permission. This is true even if the boyfriend is an overstay. Immediate relatives are given the largest immigration privileges under US immigration law. I seriously doubt that President Trump is going to deport the people in your situation.

James L. Arrasmith
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Answered

A: I understand your concerns about the current immigration climate and its potential impact on your relationship. Your instinct to prioritize getting married in the USA first makes sense given the uncertainties around immigration policies.

Getting married within the United States while your boyfriend is here on a valid visitor visa is legally possible. However, if he entered the country with the intention of getting married and adjusting status, this could raise immigration concerns. The key is demonstrating that your relationship and marriage plans are genuine, and that the decision to marry in the US emerged after his arrival.

You might want to gather documentation of your relationship history and speak with an immigration attorney before proceeding. They can guide you through the specific requirements for adjustment of status after marriage, help ensure all paperwork is filed correctly, and advise on the timing of your marriage plans. Remember that maintaining your boyfriend's legal status throughout the process is crucial, so consulting with a legal professional before making any decisions would be wise.

Your status as a US-born citizen and veteran could be relevant factors in your case. These details might be helpful to share with your attorney as they develop the best strategy for your situation.

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