Marry/adjust status with a warrant

[Nnnicka]

My fiancé (US citizen) has an active warrant for drinking-and-driving. Can I still marry him and adjust my status from B1/B2? Can I still adjust my status even if he goes to jail?

Thank you in advance for all the replies and info!

[Frenchie Hernandez]

My fiancé (US citizen) has an active warrant for drinking-and-driving. Can I still marry him and adjust my status from B1/B2? Can I still adjust my status even if he goes to jail?

Thank you in advance for all the replies and info!

You need to seek a lawyer for this matter!

[rayb]

You don't need an attorney to marry and submit paperwork. But it would not be too smart submitting the I-485 package with sponsorship proof if your new husband is likely to have his employment interrupted with incareration.

--Ray B

My fiancé (US citizen) has an active warrant for drinking-and-driving. Can I still marry him and adjust my status from B1/B2? Can I still adjust my status even if he goes to jail?

Thank you in advance for all the replies and info!

[Frenchie Hernandez]

You don't need an attorney to marry and submit paperwork. But it would not be too smart submitting the I-485 package with sponsorship proof if your new husband is likely to have his employment interrupted with incareration.

--Ray B

So wouldn't the active warrant affect the case if he get incarcerated?

[WhoDaDaddy]

So wouldn't the active warrant affect the case if he get incarcerated?

I think that is what you are being told. There will most certainly be an impact if your fiancé ends up in prison.
Part of it is the fact if he is the petitioner he will have to complete an I-864 form confirming he can support you in the event if you note working and possibly claiming benefits. You will struggle to answer that if indeed it is likely your partner is going to be jailed.

Secondly although unfortunate the relationship won't exactly be a "conventional" marriage in the sense of you sharing a life together if he is impriosned. There will be many questions asked of you.

It's not judgemental in terms of your partners indiscretions but merely you will be assessed the same way as all other couples so potentially not even living together is a big red flag.

Think wisely about when you submit your paperwork. Wait until you know the outcome of his situation perhaps?

[Nnnicka]

I think that is what you are being told. There will most certainly be an impact if your fiancé ends up in prison.
Part of it is the fact if he is the petitioner he will have to complete an I-864 form confirming he can support you in the event if you note working and possibly claiming benefits. You will struggle to answer that if indeed it is likely your partner is going to be jailed.

Secondly although unfortunate the relationship won't exactly be a "conventional" marriage in the sense of you sharing a life together if he is impriosned. There will be many questions asked of you.

It's not judgemental in terms of your partners indiscretions but merely you will be assessed the same way as all other couples so potentially not even living together is a big red flag.

Think wisely about when you submit your paperwork. Wait until you know the outcome of his situation perhaps?

Thank you for such a detailed answer!!

(Well, I can't wait very long, and it is definetly not a fast thing... It is also quite crucial for me to obtain a work permit as soon as possible cause it will help with paying all the lawyer bills and stuff.)

Originally I planned to have another sponsor - not my fiance, does it help in that case?

My biggest concern - is it possible to "safely" get married with an active warrant? Without him getting arrested at the court? As I understood, they don't check criminal records when you're getting married?

If so, and we got successfully married, then I can apply for my status adjustment? And they will accept the papers even with his active warrant? And I can obtain a work permit no matter - if he is in jail or not?

I know the situation is bad, and sounds very unappealing, so I want to learn more about is it possible at all in that case... I am also looking for a lawyer, but the more understanding I have, the better.

[rayb]

If you apply for Adjustment of Status with form I-485, you must include a sponsorship package in which your husband is the primary sponsor, even if you have a joint sponsor. Your husband doesn't have to be working to be the primary sponsor, but he must sign form I-864 and provide an explanation for why he has not filed a 2015 Federal income tax return and why his income is insufficient to sponsor you (not working).

--Ray B

Thank you for such a detailed answer!!

(Well, I can't wait very long, and it is definetly not a fast thing... It is also quite crucial for me to obtain a work permit as soon as possible cause it will help with paying all the lawyer bills and stuff.)

Originally I planned to have another sponsor - not my fiance, does it help in that case?

My biggest concern - is it possible to "safely" get married with an active warrant? Without him getting arrested at the court? As I understood, they don't check criminal records when you're getting married?

If so, and we got successfully married, then I can apply for my status adjustment? And they will accept the papers even with his active warrant? And I can obtain a work permit no matter - if he is in jail or not?

I know the situation is bad, and sounds very unappealing, so I want to learn more about is it possible at all in that case... I am also looking for a lawyer, but the more understanding I have, the better.