is it possible to marry somebody that is

**billchris** · 04-30-2008, 04:03 AM

Hello Everybody!!!
A friend of mine got detained by INS, I do not the circumstances. He was here illegal and is going to be deported. He got a girlfriend and a chils, who are USC. His girlfrined would like to marry him. Is there anyway she would be able to marry him while he is detaine?
any answer would be areciate it.

God bless you

**JMRJ** · 04-30-2008, 04:11 AM

Is he EWI? Where is he from?

**Coventrated** · 04-30-2008, 04:13 AM

People do get married in jail, but in this case why?

Much nicer to marry later in more normal circumstances.

**billchris** · 04-30-2008, 05:38 AM

Hello Everybody!!

JMRJ!!!
Yes, he is EWI and got some deportation pending on him.

Conventrated!!
It would be nice to marry inother circumstances, but the reason for doing it will be to save some money and time. His fiance is willing to marrying him so she would not need to go to his country to marry. By doing that she will save her ticket and their son ticket expenses, plus she would be able to start the process right not, and not waiting until she comes back from his country. He is from South America.

My question is still pending, is it possible? and how someone do it? meaning, does she need to bring the person to marry them there ot how?

thank you for your responses

God bless you

**JMRJ** · 04-30-2008, 06:44 AM

It will not save time and money to marry her fiancee while he is in proceedings. Getting married while in deportation proceedings may be presumed as the marriage being fraudulent. The petitioner may have a higher burden to prove that the marriage is bona fide and not just for the sake of papers. It may result in a spousal visa petition getting approved way longer thus separating the parties for many many months.

The good news is she can file a K1 fiance visa petition. As for K1 visa, she can start the immigration process for him for the sole purpose of getting married. She is eligible to file the I-601 waiver at his home country to overcome his immigration violation(s)-(If it can be overcome)- Once approved, they can then marry during the three month period immediately after his admission to the United States. There are other requirements that must be met, even before the K-1 visa is issued, such as proof that she is a U. S. citizen and that they have met in person within the two years immediately preceding the filing of the K-1 petition. With an approved K-1 and timely marriage, he will be eligible to continue the process of getting his green card after having been admitted to the U.S.

What is the reason he is detained? Does he have any criminal history?
It is much much helpful if he goes back to his home country on Voluntary Departure rather than on deportation.

Have her read this and the information on filing the I-601 waiver to jumpstart the process.

Step-by-Step Guide on How to File for a K-1 Visa for your Foreign Fiance(e)

Remember you can always come back for more q's.