Immigration question?

by **armin** » Wed Nov 30, 2011 1:12 am

My fiance filed in 2001 for his visa before the law has changed. his application was denied 2 times and we have appealed it and are pending a new court date. He has 2 daughters that live with us who he has legal and physical custody. This happened since we last appealed the courts decision. we have been together for 5 years and have recently gotten engaged. I want to know if there is a form I can fill out as a fiance application that could assist in him getting his papers. He is already in the US and has been for 20 years and obviously I want to do everything in my power to keep him here. Any assistance would be greatly appreciated.

by **ern** » Wed Nov 30, 2011 1:12 am

My fiance filed in 2001 for his visa before the law has changed. his application was denied 2 times and we have appealed it and are pending a new court date. He has 2 daughters that live with us who he has legal and physical custody. This happened since we last appealed the courts decision. we have been together for 5 years and have recently gotten engaged. I want to know if there is a form I can fill out as a fiance application that could assist in him getting his papers. He is already in the US and has been for 20 years and obviously I want to do everything in my power to keep him here. Any assistance would be greatly appreciated.

by **ahanu** » Wed Nov 30, 2011 1:15 am

there's nothing you can do as his fiance, since a fiance petition is for nonimmigrant status and that would change nothing. if you have any hope of affecting his situation, you'd have to marry him and then file an I-130 immigrant petition. however, there are too many things here we know nothing about, so it would be dangerous to give you anything other than very general advice. go see a good immigration attorney and talk to him to see if marrying and filing a petition for him would actually have any beneficial effect. at least the attorney would have all the facts in front of him before giving you any advice, and that is something you very definitely need, an educated and informed opinion.

By the way, having 2 American citizen children is far from irrelevant under US immigration law, and could be very significant depending on where he's actually from. if you haven't already talked with an immigration lawyer, check into what his chances for getting suspension of deportation are.

by **corcoran42** » Wed Nov 30, 2011 1:21 am

I think you would be better off asking an immigration lawyer this type of question. My point is if you had been for five years why haven't you got married? Why are you waiting so long? The law of immigration have changed so drastically that you don't want to take a chances and get the wrong answer. By all means get good lawyer. The fact that he has two daughters is irrelevant. If you are a US american citizen and you both get married that would be the easy thing to do. I'm not a lawyer so I could not tell you the exactly best way how to work this out. Good luck dear.

by **smid** » Wed Nov 30, 2011 1:25 am

The fact that after 5 years you haven't bothered to marry him makes any claims on your part pretty spurious. Get an attorney if you're actually serious about the guy.

by **jorian23** » Wed Nov 30, 2011 1:36 am

Here is the USCIS website address: http://www.uscis.gov/portal/site/uscis

by **eochaidh94** » Wed Nov 30, 2011 1:42 am

Here is the USCIS website address: http://www.uscis.gov/portal/site/uscis

go see an aila Lawyer with all the paperwork ...

http://www.ailalawyer.com/

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