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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4890
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I'm a gay male positive undetectable I have a lover who's in

Customer Question

I'm a gay male I'm HIV positive undetectable I have a lover who's in Mexico he's also hiv-positive undetectable he had to go back home to Mexico because his mom was sick but when he got there he found out he was having lots and lots of problems basically from his family and there's been some threats on his life he cannot get his medication and he's starting to have reactions I'm trying to get him back to LA if he doesn't get back soon I'm afraid he's going to get sick and possibly die what can I do
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.

What is your status in the US?

What was his status in the US?

Customer: replied 1 year ago.
An American citizen he's not American citizen living in Mexico
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jen Marie, Esq. replied 1 year ago.

What was his status when he was living in the US- meaning did he have a legal status or was he here illegally? If he was here illegally for how long was here here?

Customer: replied 1 year ago.
I really would like to talk to you but it seems like I'm really having a little bit of trouble financially trying to get money together to get my friend here so if you could just let me see the message I would really appreciate it so I can find out what's going on
Expert:  Jen Marie, Esq. replied 1 year ago.

Let you see what message? I'm confused. I asked you a question and am just waiting for your response so I can answer you. Here is the last question I asked you:

What was his status when he was living in the US- meaning did he have a legal status or was he here illegally? If he was here illegally for how long was here here?

Customer: replied 1 year ago.
he was here illegally and his status also with HIV he had been here for several years I'm not quite sure how long but it was for several years and he was working he was a consultant and he did a creative consultant for a very famous club here in Los Angeles . I can't say that him and I had been together for four years three and a half to 4 years
Expert:  Jen Marie, Esq. replied 1 year ago.

Ok thanks for the information. Your options right now include to petition him fof a K-1 fiance visa or to go to Mexico and marry him and petition him for a spousal immigrant visa CR-1.

A) K-1 fiance- for this visa you could not be married yet. You would have to marry once she is in the US. It takes about 6 to 10 months for the foreign spouse to enter the US after you apply for her. You would qualify because you are supposed to have met once in the last 2 years and have proof of it and it sounds like you two have done this. You will submit the I-129F to start the process and that will cost $340 plus a $350 fee for the visa processing fee at the US embassy. Again, It will take about 6-10 months for the foreigner to get the interview over in the UK. After she gets approved hopefully, she will enter the U.S., then you have to marry here within 90 days of entering and then you have to pay $1070 for the I-485 application after marriage which is for her actual green card. She will be called in for another interview here that you attend with your new spouse in about 5-6 months.

B) If you decide to get married first in the UK then she would qualify for the The CR-1 visa. This one takes about 9 months to 1 year before she is allowed into the US after sending the application. To begin You will submit an I-130 application. The fees are $420 for the I-130 and $400 and $120 for the visa processing fee at the US embassy/consulate and for an Affidavit of Support fee. The good thing is that once she is approved and enters the US, she will already be a permanent resident and doesn't have to apply for the I-485 or for anything else. That means you don't pay the $1070 that I mentioned in option A. She will just receive the green card in the mail.

All forms found on uscis.gov/forms

For both of these option, he will need a waiver based on extreme hardship that you will face if he is not allowed back to the US. He needs this waiver for all the illegal time he spent in the US. It's called the I-601 waiver and I strongly suggest that you get a local immigration attorney to help you when you get to that part. That will be further down the line. For now you can start with the information above.

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

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