Legal Question in Immigration Law in Wisconsin

fiance immigration

My fiance (actually husband under islamic religious ceremony) lives in England, but he is there illegally. I am a US citizen. He is Algerian by birth. We wish to bring him here, however this doesn't seem possible unless we can be legally wed, which the UK will not allow because he has no status there. We have been together two years with me visiting when I can. How can we bring him to the US? Any legal route would be satisfactory to us as long as we can eventually legally wed. He has no criminal background problems and left Algeria purely to find work. He is afraid to return to Algeria and file an application from there as the country is dangerous and he says corruption is so bad that getting visas requires large amounts of cash . Any assistance is welcome. Can he claim asylum there and then we file for a fiance visa? Is there some way for an illegal immigrant to wed in the UK? Can he somehow be cleared for asylum here? The website material put out from US immigration shows no provisions for fiance or spouse visas if the person is illegal in the country of residence. The asylum info makes it look as if the person has to first gain entrance to the US (even if illegally!)in order to file. I just want to live with my husband


Asked on 10/02/06, 1:32 pm

1 Answer from Attorneys
Vincent Martin Hellmuth & Johnson PLLC

Re: fiance immigration

Your fiance should contact the nearest U.S. consulate to inquire about its requirements for processing a visa for a third country national who is present in the U.K. illegally. It is my understanding that such decisions are made at the discretion of the particular consulate. If the consulate says it will process his visa application, then we could proceed with a Fiance Visa.

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Answered on 10/02/06, 1:44 pm


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