Question on Marriage-base Filing

B

Bodie Korse

New Member
My nephew is a US Citizen and he is married to an undocumented alien. I am not sure but I doubt if she ever had a visa to come to the US.
She may have sliped into the country illegally.

The Question: Can he file for her as a spouse within the United States, or does she have to leave the country before that can be done.

Thanks,
Bodie.
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US CITIZEN MARRIAGE WITH NON STATUS

I\'M A US CITIZEN IN THE UNITED STATES MARINE CORPS AND AM ENGAGED TO A NON CITIZEN...WHEN WE GET MARRIED IS THERE ANY WAY WE CAN SUBMIT PAPERS TO GET HIM A LEGAL STATUS AND WORK TOWARD A GREEN CARD MAYBE A CITIZENSHIP? WHAT ARE THE PROCEDURES? NOTE HE HAS A CLEAN RECORD.
 
see your legal office on base.

The DOD legal office on your base should be familiar with the procedures. If not, visit the INS & Department of State\'s web sites. If you are presently assigned overseas, a visit to the nearest US Embassy/Consulate would provide sufficient information/advice.
 
appears to need to watch for 245(i)

Your nephew and spouse should watch the legal news concerning 245(i), if she was never lawfully admitted to the United States.
Assuming she was lawfully admitted, your nephew should file I-130 while she files her I-485 in local district office.

If she was never lawfully admitted, your nephew should file I-130 with the appropriate service center: see INS website: www.ins.usdoj.gov.
 
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