Okay, so my fiancee is currently in prison because he had some parking fines he never got around to paying off. He was about to be released, when the court checked his status and revealed his student visa expired a couple of months before. They are holding him as a result until they can send him to immigration court. He thinks the best option we have is to get a lawyer, but I think the best option is to just let them say he has to leave,then get married in the time frame they give him to leave the country,and go through the citizenship process that way. Does anyone know if there are any better options? Or what can he say/do to the jugde to allow him to stay? Is he right,or am I? Is there a guarantee that he'll get the time to leve the county for us to get married or will the just wait for his passport to finalize,then ship him back to Kenya? We have two children together, and I really do love him, I'm not just marrying him for his citizenship. What can we do???
2007-07-12 06:18:38 · 8 answers · asked by Mama JK 3 in Politics & Government ➔ Immigration
No guarantees in life. Best start learning Kenyan language and get ready to go to Kenya or go through the channels. Get a lawyer as there is a slim chance there but do it fast.
2007-07-12 06:23:51 · answer #1 · answered by ramall1to 5 · 1⤊ 2⤋
You're going to need a lawyer.
Because he was here illegally, and spent time in jail, getting his citizenship is going to be nearly impossible even if you do marry him.
If you cannot afford a lawyer, the only way you can even hope at getting him legally into the country is if you marry him, let him go back and then file the I-130. See www.uscis.gov for the form. Be honest on it, but understand that it will be denied. After you get the denial letter, you can follow the directions in the denial letter to make an appeal.
They will probably just hold him in jail till they can send him back. You may have to go to Kenya and marry him there.
If by some miracle he does manage to get his greencard after all this, make sure he remembers to keep it current. I don't know how someone could forget to update something that is all that is keeping them legal in the country they call home. Also, ensure that from now on he pays his fines on time.
2007-07-12 06:32:49 · answer #2 · answered by Unknown.... 7 · 1⤊ 0⤋
Sorry but you have a BIG problem. Your boyfriend BROKE THE LAW! He is an illegal alien and SHOULD be deported.
His only option is to leave and you go with him. I highly doubt that they would give you a marriage license here when he is in the process of deportation.
It doesn't matter that you have children with him and that you or the kids might be citizens. It's HIS legal status that is in question. Just because an Illegal alien has kids here doesn't give him a free pass to stay.
2007-07-12 06:30:25 · answer #3 · answered by JessicaRabbit 6 · 0⤊ 0⤋
Isn't the real question is he marrying you for citizenship? Two children later, he waits until he is behind the 8 ball to marry you? He forgets to pay fines and to keep his visa current, sounds like you're getting a real jewel! Be aware of this when he forgets he's married to you, ok?
2007-07-12 07:14:56 · answer #4 · answered by Ms.L.A. 6 · 0⤊ 0⤋
Not to many option left it will take you 4 months to get passports for you & your children. Marrage is not a tool the courts are not blind.Sorry no amnesty.
2007-07-12 07:39:44 · answer #5 · answered by 45 auto 7 · 0⤊ 0⤋
Talk to a lawyer quick! Kenya is very far away if things go wrong.
2007-07-12 07:18:50 · answer #6 · answered by Marilyn T 7 · 0⤊ 0⤋
it all depends on the judge if he wants to be nice than he will let him stay ......he should have paid the fines
2007-07-12 06:23:15 · answer #7 · answered by Anonymous · 0⤊ 2⤋
They should just deport him.
2007-07-12 06:24:06 · answer #8 · answered by Anonymous · 1⤊ 0⤋