MY BOYFRIEND AND I ARE NOW ENGAGED AND PLANNING TO BE MARRIED WITHIN THE NEXT YEAR AND 1/2. tHE PROBLEM IS, HE IS FROM COSTA RICA AND I AM FROM THE USA. HE IS NOW HERE ILLEGALLY. ONCE WE GET MARRIED, WHAT DO WE HAVE TO DO TO HAVE HIM BECOME LEGAL IN THE USA? THANK YOU.

Once you are married, your husband may still be able to apply for permanent residency (i.e., apply for his green card) without having to leave the US depending upon how he initially came here.

If he came to the US with a visa and was inspected by a US immigration officer, he most likely will be able to apply for residency even if he overstayed his visa and/or worked without authorization.

If, however, he entered the country illegally, his options are much more limited. He could still apply for residency in the US if he is eligible to do so under Section 245(i) of the immigration law. That provision of law allows people who came to the US illegally to apply for residency if an I-130 Petition, I-140 Petition or Labor Certification application was filed on their behalf before April 30, 2001 and they were physically present in the U.S. as of December 21, 2000.

If he cannot benefit from Section 245 (i), then the only other option at this time would be for him to leave the country and apply for residency through the US embassy in Costa Rica.
ATTENTION, however, once he leaves the US, he could be prevented from returning for 10 years, so it is extremely important that you discuss your case fully with an immigration attorney before taking any action.

Needless to say, this area of law is very complicated and confusing. I have assisted many couples in similar situations successfully apply for residency in the past and welcome the opportunity to discuss your case with you. Please feel free to contact my office directly to arrange for a consultation.

WHAT HAPPENS IF A PERSON COMES TO THE STATES ON A VISITOR VISA AND HAPPENS TO FALL IN LOVE AND MARRY TO THAT PERSON, HOW CAN HE/SHE GET A GREEN CARD OR LEGAL STAY AND WORK?

If the person marries a US citizen, it is possible to apply for a green card right away. If the person marries a permanent resident (i.e., someone with a green card), the situation is much more complicated, and they’ll have to wait many years to get a green card. During that time, unless they qualify for a different type of visa other than a tourist visa, they would not have any legal status.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/

are those people also who entered through k1 and ended their marriage into divorce can re-marry? can they apply for adjustment of status again with new the spouse without living the country?

If you never applied for a green card (or never received your green card) based on your 1st marriage, then you cannot apply now for your green card based on your 2nd marriage. The K-1 visa requires that you become a resident based on the marriage that was basis of the K-1.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/