Marriage

[Mariposa]

I met someone in England while I was on vacation. He came over here to visit me and decided to stay. (That was in December 1999) We have decided to get married next April (2001). He only had a 90 day visa and has ot returned to England. How will the INS respond once we file for a spouse visa in April 2001?

 

[usdeeper]

If he arrived in the US in Dec 99 and is still in the US then he can not leave as he will be subjected to a 3 year ban and you will not be able to get him back for the Apr 2001 wedding.

Being out of status in the US is a bad thing. You only have one option available and that is to get married and then file I-130 to adjust status. Then he can apply for advance parole and THEN he can return to the UK for a visit or to sort his stuff out.

If he leaves now, he is history...

 

[Darrin]

Hi
my name is Darrin and i guess that i am in the same situation as your husband to be .the only difference is that i have a criminal record that happened 12 yrs ago