Legal Question in Immigration Law in New Jersey

Re: Im getting marry with an elligal alien

The answer depends on when your boyfriend arrived here and when his visa expired. He began accuring something called "unlawful presence" when his visa expired. If he leaves the United States, depending on how long he has remained here unlawfully, he will trigger either a 3 year or a 10 year re-entry bar (meaning he will not be able to return for 3 years or 10 years, depending on how long he has stayed here unlawfully).

You should consult with an immigration lawyer before making ANY plans to depart the United States, as it may jeopardize his ability to return. If you would like to consult with us, feel free to call for an appointment.

Good luck!

Re: Im getting marry with an elligal alien

Assuming he's overstayed more than 6 months, I'd recommend getting married, filing for his permanent residence, and getting his permanent residence approved before you go abroad.

Keep in mind, you'll need to live together after the marriage to demonstrate a bona fide marriage to the USCIS.

Re: Im getting marry with an elligal alien

You've got a unique situation here (but I know you already know that). You also seem to have a good understanding of the law and realize that the big hurdle will be proving a legit marriage when you aren't truly living like a married couple. If you got married in court and lived together but didn't have sexual relations until the religious ceremony, would that work? It's an option but you'd have to have great evidence outside of that. Call me at the office and let's chat for 5 minutes and see what we can come up with.

Re: Im getting marry with an elligal alien

IF you both plan on living in the United States, then the less risky way is to have a church wedding in the U.S., and to have a civil wedding in the United States. Then have husband adjust status in the United States (Forms I-130, I-485 etc.)if husband is otherwise not inadmissible due to crimes, health, terrorism, etc.. If husband leaves the U.S. he will probably have to wait for Form I-601 to be adjudicated showing your extreme hardship, and if the I-601 will not be approved, then he cannot come to the U.S. for 10 years. see http://immigrationflowchart.com (a free service) at end420.