New York Daily News

Getting a visa for his Facebook lover

- ALLAN WERNICK

QMy girlfriend and I met on Facebook. We have yet to meet face-toface, but I am planning to visit her in Ghana in December. Can she get a fiancée visa? I am a U.S. citizen.

Sarpong Kwesi Boateng, by email Once you meet your fiancée, you can petition for a visa for her. After your meeting, file form I-129F, Petition for Alien Fiancée with U.S. Citizenshi­p and Immigratio­n Services. She can come to the United States for 90 days. If you marry her, she can then apply immediatel­y for a green card.

Only a U.S. citizen can petition for a fiancée visa for an intended spouse. Usually, the law requires the couple to have met face-to-face in the two years prior to the U.S. citizens filing the petition. USCIS can waive the meeting requiremen­t if the U.S. citizen now can’t travel for health reasons or meeting before the wedding would violate the couple’s customs, religion or culture. My 5-year-old, U.S. citizen son has Down syndrome. My wife and I are undocument­ed. We have lived in the United States for 10 years. Can we get permission to live here legally because of our son’s condition? I provide our family’s only means of support.

Name withheld, Dallas You and your wife may qualify for humanitari­an deferred action, giving you the right to live here and work legally.

AQAHumanit­arian deferred action is granted rarely, so you’ll want to get legal representa­tion before applying and plan for a deportatio­n defense should it come to that. Given your son’s condition, you may qualify for a Cancellati­on of Removal green card, granted only by judges in deportatio­n proceeding­s.

Humanitari­an deferred action is available only to particular­ly deserving individual­s with no other way to remain here lawfully. If you apply, provide proof of your son’s medical condition and who is paying for his care. If he would have difficulty getting quality health care in your native country, provide proof of that as well. There’s no form. You apply by writing to the USCIS district director for your area.

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