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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 94969
Experience:  7+ years of experience handling various legal matters.
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Im 21 and my girlfriend is 17, Im a foreign student and sh

Customer Question

I'm 21 and my girlfriend is 17, I'm a foreign student and she is a US citizen. My question is we live in MS, and are planning to get married in Idaho. Is this situation going to affect after wards?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Affect in what way? Are you asking if Mississippi will recognize a marriage entered in Idaho?
Customer: replied 1 year ago.
I meant I'm from India, and she's from Mississippi, right now I'm in college and she's about to start her college, and we been together for a year and 3 months now. Living together for almost 2 months. Her father has her custody but she she lives with her mom and as far as my research Idaho allows marriage with moms custody. So her mom is giving custody and we want to get married in Idaho and I'm 21. The question is, is it legal if we marry there and would it affect in any way after I file paper for change of status?
Thank you
Expert:  Lucy, Esq. replied 1 year ago.
I'll transfer you to an immigration expert. Please do not reply, as that can cause delays. Good luck.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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.


You are asking if you can use that marriage to be able to apply for U.S. Lawful Permanent Residency?
Customer: replied 1 year ago.
Yes but not only that, is it legal? Because I'm agreeing and so is her mom and her dad is out of equation even though he got legal custody but he is never there and he got drug problems. so we want to marry and we checked with Idaho law and the said we can marry as long as she get a consent from her mother and the do know she don't have the custody. So after we marry can I apply for paper work before she's 18 and I do have to co signer for support paperwork. But first of all our relationship is real and want to know that marriage would not cause any legal problems afterwards. Thanks
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, it looks like you have everything to make it happen in Idaho as long as the mother goes to Idaho and is present at the time of getting the marriage license and ceremony. Take a look at this link that has a list of the things that she needs if she is between 16 and 17:

http://www.usmarriagelaws.com/search/united_states/idaho/marriage_licenses/costs.shtml

Or you can just wait until she turns 18. It's not like immigration is going to bother with deporting you any time soon. It costs the U.S. government lots of money to deport someone and it takes a long time too. So they probably will not even bother with you for a long time unless you have some crime in your background. Here is another link:

http://www.ice.gov/doclib/news/releases/2011/110302washingtondc.pdf

 

But it is up to you. You should be able to marry now and file all the proper paperwork.


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 1 year ago.
Yes but they said her mother don't have to be physically present but she can sign and notarize it. And after we do marry and we have interview with immigration would they question why we married in different state and all and why the mom signed and not dad?
And I'm on f1 student visa and currently enrolled in university. So do I have to let my college know about my marriage and would it affect me After we marry?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I would still have her mother go. I would not give USCIS any reason to try to invalidate the marriage. If not, then go somewhere else where you are sure that they dont require her to go or even to consent. I'm sure you can find another state that she can marry without any parental consent at 17. You can look at the different states at www.usmarriagelaws.com.

And no, you do not have to let the school know that you are marrying and getting Residency. It is better that they do not know.

But I think you are worrying too much about that. There is no reason to be so rushed about this. You aren't in danger of deportation or anything like that. If her mother cannot go, if you don't want to go to a different state other than Idaho, and if you think the father is going to give problems, then I do not see any reason to not wait until she turns 18. But that's up to 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.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 1 year ago.
Hey I talked to Idaho county clerk, they said we could get married in Idaho! They prefer the parent there but It would be ok if it's just the affidavit. And they said they do not get into legality! And we can marry there!
My question is once we are married and my girlfriends dad comes find out can he try to invalidate our marriage or when we have papers filed to uscis would they try to involve her dad and try to invalidate our marriage or cause problems?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Did you ask the clerk if it was still valid if the non-custodial parent gave the permission to marry? And when does your girlfriend turn 18? And why are you so desperate that you cannot wait until she turns 18?
Customer: replied 1 year ago.
Because we need to! And yes the clerk did say they do not get into legality! But they want us to make sure on our behalf. And she said we can marry with consent. but im assumingif the dad comes out of nowhere after marriage he can go to court and invalid the marriage or something. Which is highly unlikely because he don't have resources.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I'm still unsure why you "need" to. I explained that you are not in danger of deportation. Is it that you just want to start working already? When does she turn 18? I don't want to argue with you and I will help, but I would like to know all the details.
Customer: replied 1 year ago.
Yes I want in state tuition and work and so we can start our life and get on insurance and all other stuff.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
And when does she turn 18?
Customer: replied 1 year ago.
I just hope we can come up with some positive solution!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I have a solution for you, but why don't you want to tell me when she turns 18?
Customer: replied 1 year ago.
March 12
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok, well here is the law in this situation:

http://legislature.idaho.gov/idstat/Title32/T32CH2SECT32-202.htm



It does not say custodial parent, it only says a parent. So I believe that you should not encounter any problem getting the license in Idaho and you can file for all the paperwork and within 2 to 4 months of filing, you should get your work permit and within 5 to 7 months of filing, you should have your Lawful Permanent Residency.

IF the father becomes a pain about it, he would have to file an action in the Idaho courts in that regard since the Idaho statute does not say "custodial parent". He would probably lose. Even if he won, it would take a long time before that case was decided. By then she would be over 18 and it would be a moot point. The worst that could happen is that you would have to marry again and apply for Residency again. But I do not think it will get that far especially since you say he has no money.

Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq., Attorney
Category: Legal
Satisfied Customers: 94969
Experience: 7+ years of experience handling various legal matters.
Guillermo J. Senmartin, Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
And do they give license or send it in mail. And I did rate you z
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Since you have to be present to get the marriage license, you should get it on the spot. Thank you so much for the positive rating!
Customer: replied 1 year ago.
You deserve it! And after marriage do I need a lawyer to file paper work and how that works.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you. You do not need a lawyer, but one would be helpful. You can look for one at www.ailalawyer.com if you like. If not, you can file the following paperwork on your own: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.

The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your spouse's U.S. Citizenship, proof of your legal entry into the U.S., and financial documents of your spouse to prove their income over the last year at least.



In about 2 to 4 months after filing, you should get a work permit. About 5 to 7 months after filing you should get a marriage interview. If all goes well, a few weeks later you should get a Residency status (green card).
Customer: replied 1 year ago.
Thank you
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No problem. Good luck to you.

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