Need advice

[geowrian 22,338]

19 hours ago, A&Vparamo said:

So question # 1....Is that possible for them to get him at the courthouse for us getting marriage license? #2... what do you recommend for me to do in order to help my fiance become u.s. citizen? And #3...  after we do get married what are the necessary assets that we need to follow through with to have to prove our marriage is real?

1. Possible? Yes. Likely? No. Any entry into a government building has added risks, more-so with federal government buildings than state or county buildings. They likely do not have anybody from ICE sitting there waiting for somebody to apply for a marriage license.
2. I'm not sure why you've evaded the most important question here multiple times...did he enter the US without inspection ("jumped the border"), or did he overstay a visa? This is the crux of what options you have next.
   1. If he entered with inspection and overstayed his stay, then you can marry and file an I-130 + I-485 (plus other forms to go with them, and an EAD + AP). he can stay in the US while that processes.
   2. If he entered without inspection, then you can marry and file an I-130. An I-601A can be filed to provisionally waive the bar he will receive when he exits the US to interview for the visa abroad. He will need to interview abroad.
3. There's a whole list of documents and samples of bona fide marriage evidence in the guides.

15 hours ago, Bfree3 said:

If a birth certificate counts as a valid id AND he has it in his possession or can have it mailed to him.. Get the license(literally takes less than 5 minutes- so you are in and out) have your own ceremony and aos.

AOS is a valid option if he entered with inspection...which we still don't know is the case or not.

2 hours ago, Boiler said:

Isnt NY a Sanctuary City?

NY is a state.

Edited May 18, 2018 by geowrian

[sparkles_ 456]

4 hours ago, NikLR said:

~~moved to general immigration from K1 process and procedures.  OP is not asking about K1 process but their SO did not enter with inspection so cannot adjust status.~~

 

You can't make your own ID card.

 

Get married.  File the I-130 and the I-601a. 

 

Suggest a lawyer too. 

I'm going to take a wild guess and say her fiance is possibly a Mexican national. In that case, yes, they get a consular ID card along with their passport at the same time. This could be what she meant by making an ID card when he got the passport. 

 

Did her overstay a visit visa? Or just cross without inspection.....that will make a world of difference.

Edited May 18, 2018 by sparkles_

[TNJ17 1,329]

Did he enter the country legally? Does he have a valid passport or any other form of government issued ID? In order for you to be able to help him adjust status, he needs to have come in legally and overstayed. Marriage to a US citizen will forgive any overstay and they came in passed inspection. If he sneaked across the border without going through inspection, then marriage to you will not help much. He will have to go back to his home country after getting married to you and file for spousal visa but as soon as he leaves the country he will trigger his ban, most likely 10 years. If he came in legally and overstayed you just get married and adjust status. There is always a risk of getting caught anywhere anytime for deportation. There’s nothing you can do about that. However you need to get married as soon as possible in order for him to fix his situation however that may be. The longer you wait, the more he’s at risk. 

[Boiler 45,913]

35 minutes ago, geowrian said:

1. Possible? Yes. Likely? No. Any entry into a government building has added risks, more-so with federal government buildings than state or county buildings. They likely do not have anybody from ICE sitting there waiting for somebody to apply for a marriage license.
2. I'm not sure why you've evaded the most important question here multiple times...did he enter the US without inspection ("jumped the border"), or did he overstay a visa? This is the crux of what options you have next.
   1. If he entered with inspection and overstayed his stay, then you can marry and file an I-130 + I-485 (plus other forms to go with them, and an EAD + AP). he can stay in the US while that processes.
   2. If he entered without inspection, then you can marry and file an I-130. An I-601A can be filed to provisionally waive the bar he will receive when he exits the US to interview for the visa abroad. He will need to interview abroad.
3. There's a whole list of documents and samples of bona fide marriage evidence in the guides.

AOS is a valid option if he entered with inspection...which we still don't know is the case or not.

NY is a state.

 

[Alabamak1 688]

20 hours ago, debbiedoo said:

undocumented or not, he can not get a marriage license without a current valid form of ID. Drivers License, State ID Card, or passport. HE has to have one of those plus whatever other documentation your State required (they are all different)

 

He could be arrested and deported for jaywalking at this point.

Assuming he is from any latin american country, not an issue getting a passport. They all issue passports to their own citizen. ID problem solved

[Crazy Cat 42,035]

5 minutes ago, Alabamak1 said:

Assuming he is from any latin american country, not an issue getting a passport. They all issue passports to their own citizen. ID problem solved

I think the "elephant standing in the room" is how he entered the US.  For some reason, the OP has evaded that question.

[Alabamak1 688]

Just now, missileman said:

I think the "elephant standing in the room" is how he entered the US.  For some reason, the OP has evaded that question.

yes, that is a problem not having inspection. i have heard of people going back to their home countries and getting waivers, but those are 50/50 chances always. With this administration...good luck with waivers. 

[geowrian 22,338]

34 minutes ago, Alabamak1 said:

yes, that is a problem not having inspection. i have heard of people going back to their home countries and getting waivers, but those are 50/50 chances always. With this administration...good luck with waivers. 

If a waiver is needed due to EWI, they can do an I-601A. While no waiver is a guarantee by any means, any decent case stands a strong chance for approval for this circumstance while still within the US.

[SusieQQQ 11,587]

I presume this was on VJ somewhere before. Getting arrested and deported from marriage court - probably not. From USCIS interview after that  - different story. Even in NY.

 

https://www.nytimes.com/2018/04/19/us/immigration-marriage-green-card.html

[TBoneTX 45,865]

Hadn't seen that story.  Thanks for posting it.