Hi,

My name is Susan and I have a few questions about applying for permanent residency through marriage after you have been denied permanent residency due to change in circumstance.

On April 23, 2002 a friend of mine was admitted to the United States as a conditional permanent resident. His wife had petitioned for him to come to the United States so that they would build their lives together. Due to some unfortunate circumstances the marriage did not last. Given that the marriage lasted for a short period of time, it was not enough to award his permanent residency.

During his time in the United States, between April 23.2002 and June 2007, my dear friend worked, went to school, and paid his taxes. He also tried to prove that his marriage was entered into in good faith, but there wasn't enough proof to do so. Currently, this young man went back to his home country to finish his last years in school and obtain his degree.

I have known this man for 4 years and we have grown very close. We have discussed marriage, but we do not want to get married and live our lives apart. If he and I were to get married, and given his past situation, would I be able to petition for him to come back to the United States? If so, how long would we need to be married before I can petition for him and how long would it take for him to get a visa to come to the US to live with me. Also, if he were to come to the United States on a student, work, or tourist visa and we would get married, would he have to leave the country until I petition for him or can he stay with me during the petition process? If he were back in the United States and we got married, would I be able to petition for him to become a permanent resident right away or would we have to wait?

Your assistance in this matter would be deeply appreciated.

Thank You

The situation you are in is really all about your boyfriend/fiancé. As long as you are not divorced to an immigrant, you should not have a problem marrying your boyfriend either in the U.S. or abroad. The issue is really the situation of your boyfriend.

If he is on a visa that allows him to change status, then you can get married in the U.S. and he can apply to change status. If he goes home and tries to enter the U.S. on a K-1 fiancé visa, that is a second option. However, the problem is really if your boyfriend will be allowed to change status in the U.S. - but if he is not for whatever reason, he can still be legally hear under his other visa (e.g. F-1).

Your best bet is to contact a marriage immigration lawyer, something I recommend in any circumstances. I think this is a pretty clear cut, and I think you will end up in one of my scenarios. You just want to make sure that you can proof your marriage and that it was entered in good faith.

Good luck!