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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108971
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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This situation is a little hairy... my boyfriend is not a

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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?

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

Customer: replied 4 years 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.....

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 4 years 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.

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:



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.


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Customer: replied 4 years 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....

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.


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