How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Guillermo J. Senmartin, Esq. Your Own...

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94320
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

This situation is a little hairy... my boyfriend is not a

Resolved Question:

This situation is a little hairy... my boyfriend is not a citizen but is "married" to a citizen. They are estranged but she offered to finish completing paperwork and everything for his residency. He is currently consulting a lawyer but as far as I understand he tells me 3 to 5 home visits within the next year to prove they are "married" and live together. Obviously I am not happy with this idea of them having to live together. Are there any other options? Or ways to predict when the home visits will take place?
Submitted: 12 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

 

How did he enter the U.S.? Does he at least have the conditional Residency status? Are you a U.S. Citizen?

Customer: replied 12 months ago.

He came over several years ago but never persued his papers... he did get married a few years ago and they have a child together and it was just... I believe she began the process but it was not followed through. So now as of last year they have not been together but remain in contact for the child. She in attempts to win him back now decided to this from the goodness of her heart... so as you can imagine I am not ok withd hearing this. I do know how important it is for him to complete this so I'm trying my best to be supportive and helpful abd this is why I'm asking this question. I am a us citizen as well.....

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
Then why doesn't he divorce, marry you, and you file the paperwork for him? Also, you have not told me what visa he used to enter the U.S. This is important because if he had no visa, then a process through her or you will not normally work for him to stay, or if he entered on a K-1 or K-3, he can only get Residency through her if he wants to stay in the U.S.
Customer: replied 12 months ago.

He came over illegally.... so when the issue of divorce came about this is when she began pressing the issue. I want nothing more than for this divorce to happen asap but its as if every time I am close to getting her out she has to get closer. I don't believe he knew exactly what the process was and how much it involved her, but now they have to open accounts together and do all these things married people do which to me is hard to deal with. I offered to help any way that I can but now he said he can't stop the process... on the other hand they spoke of mediator divorce as its less expensive but I know she doesn't want to go through with anything and she will put up a fight.

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.

Well, unless it is going to be a real marriage, he shouldn't try to do this process unless they are really going to get back together. He can divorce and marry you and do that same process through you, but I wouldn't recommend it for him to do it either with you or his present spouse. I'll explain. It is a new procedure but I think it could be a trap. Why? Because right now there are millions of undocumented persons in the U.S. that are married to U.S. Citizens and even have U.S. Citizen children but they do not leave because they are afraid to be stuck outside for 10 years. What has changed is that before, a person had to leave the U.S. and spend around 15 months or so while waiting for their appointment at the U.S. Embassy or Consulate in their home country and then HOPE that they got approved, but the change is that now they say that the same person can apply inside the U.S., supposedly get a pre-approval, but they still have to leave the U.S. and present themselves to the U.S. Embassy or Consulate. So why do I think it may be a trap? Because it could very easily be a way to just get those many millions of people to finally leave the U.S. and once they are outside, they can still be denied the waiver even though they have a "pre-approval". I just don't trust that. So at the very least, I would wait at least 6 months or more after they implement it (which is supposed to be in March of this year) to see how many of those pre-approvals turn out to be true approvals at the end and to see how many of those people actually come back. Here is an official link:


http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bc41875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=bc41875decf56310VgnVCM100000082ca60aRCRD

 

 


Keep in mind, that in order to qualify, it is ONLY the hardship of a U.S. Citizen or U.S. Lawful Permanent Resident spouse or parent that counts. The hardship of children does not count.

 

 

So basically, he should just divorce and wait for immigration reform to come out which I hope will happen this year or early next year.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 12 months ago.

How would the process of terminating the paperwork go? He started it already with her and I'm not sure how far they have gotten into it.... he was currently gathering documents such as the marriage certificate andbirth ccertificate and met with the lawyer last week....

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
He just needs to ignore it if he wants. He doesn't have to actually terminate it. If he divorces and marries you and you file an I-130 for him, that will not interfere with the previous I-130. That previous I-130 will just be denied eventually. Much of those documents that he is getting together can be used for the same process through you. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

 

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94320
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions