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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4291
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My boyfriend and I plan to get married but he is from

Customer Question

My boyfriend and I plan to get married but he is from Guatemala he came here because of the violence in his country he can go back like that to that country. Also when he go here to Texas they gave a him a permission to stay here for a while. My question and concern is ... Can we get married in Texas and won't affect him ? We don't want to be separated
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

How did your boyfriend enter the US? Did he cross the border illegally or entered with a visa?

Can you explain what you mean by "it won't affect him?" Affect him in which way?

Customer: replied 1 year ago.
He went straight to the Texas Hidalgo border and talked to the border portals they gave him and his dad permission to stay in the U.S because he was under age at that time. Now he's 19 and we would want to get married but we are afraid that if we get married that they might deport him to Guatemala when we decide to apply for a green card for him. We obvious don't want that to happen because of the violence in his country. Iam a US citizen .
Expert:  Jen Marie, Esq. replied 1 year ago.

What kind of permission did he receive to enter the US? This is very important to know in order to answer your question accurately.

Customer: replied 1 year ago.
A permission to stay but to later show up in court ... Which he never did.
Customer: replied 1 year ago.
First of all can we even get married in Texas with his illlegal status in the U.S.? How can we get married in Texas ?
Expert:  Jen Marie, Esq. replied 1 year ago.

Yes, you can definitely get married in Texas despite the fact that he is out of status (illegal). In Texas, you would get married like anybody else would. You would go to your nearest county clerk's office together and you have to show your identity to prove who you are and your age. For his identify he can show his valid Guatemalan passport.

Unfortunately it sounds like he might have an order of deportation if he was supposed to show up to court and never did. He should call the court where he was supposed to go to get this information.

If he does have this order then once you are married, you should submit the I-130 petition for him which you can find on uscis.gov/forms Read all the instructions on what you need to include with it. Once that is approved, he would need to reopen his immigration court case. It is very recommended that he get an attorney for that because it is a delicate and complicated process. Once the case is reopened, the attorney will guide you on how to close it correctly and then he will have to apply for an I-601A waiver since he entered the US illegally (without a visa).

You can read about the I-601A waiver here https://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

I know immigration issues sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with application preparation or review, I can send you an offer for this legal service to you for a reasonable fee later on. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind.

Good luck to you during this process and I hope this answer has helped you!

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Expert:  Jen Marie, Esq. replied 1 year ago.

Hello there:

I am just checking in to see if you were able to read the answer I sent you and if you had any follow up questions. Please let me know. Hopefully I have earned your positive rating, that is the only way we experts receive credit on this site. Thanks.

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