How can an illegal immigrant married to a US citizen obtain legal status?

Answer 1

You get married the normal way, just as if you were marryng another American.

If the alien is illegal because he overstayed his visa, you would file for adjustment of status after getting married and wait for the greencard here in the states.

if the alien is illegal because he snuck into the country, you would file the I-130 then file for the K-3 in his country. He'd be denied and you'd then file the I-601

Answer 2

When I married in the summer of 2003 all he needed was state-issued ID. He had no papers, no ssn#, nothing. An adjoining city did not let a friend of mine marry her fiance because he had no ssn#, but we walked into the courtroom and were married within a half an hour. No problem whatsoever. If the foreign national has the documentation required by the state in which the marriage is to occur then the couple will not encounter problems. Marriage laws are established by states, Immigration laws are established by the federal government they are not interchangeable nor does none affect the other. FYI, the majority of US states now require both persons to have a valid SSN, before a license will be issued. Likewise, many states are now passing legislation that allows them to report any undocumented immigrant to Homeland Security for almost any reason.

Answer 3

Not necessarily.If the immigrant in question was inspected upon entry (meaning they originally entered legally and overstayed a visa) and do not have any criminal convictions either in the United States or abroad then their marriage to a US citizen can permit them to become Permanent Residents (and eventually naturalize if they so choose).

The marriage must be genuine and not for convenience and sufficient proof of the marriage's genuineness must be provided to USCIS when the US Citizen Petitioner submits the application.

In situations like this it is always recommended that you retain a reputable Immigration Lawyer to assist you with the application process to ensure that the supporting documentation and applications are properly prepared and compiled.

Answer 4

you have to be married for a certain length of time I believe. Is it worth it? Most of us are complete jerks. First off the immigrant has to have come in legally, if they came in Illegally marriage can't help. You have to be married for at least 2 years, after 2 years you can apply for citizenship.

Answer 5

Answer:Visit your local immigration office and collect the forms for application to become a resident alien. Then following a full medical, photographs, fingerprints, life history etc. you'll receive notification for an interview (about 6-9 months in TX, 3 months in NV. The interviewing officers can tell at first glance the 'scam' couples and will split you up for individual questioning otherwise it's a fairly simple process if you have no criminal convictions and the alien is here legally

The US citizen spouse can no longer sponsor a non citizen spouse if he or she entered the country illegally.

The citizen spouse may petition for permanent residency for the non citizen spouse, but the he or she must leave the US and apply through his or her country of origin's consulate office.

An illegal immigrant spouse who has been unlawfully present within the US for less than 1 year must leave the US and then submit a 1-601 waiver application.

An illegal immigrant spouse who has been unlawfully present within the US for more than 1 year may not be eligible for permanent residency.

Exceptions are made if the immigrant spouse qualifies under refugee or asylee status.

Answer 6

After you get married, the U.S. citizen spouse must file with the INS an I-130 Relative Petition for you, together with the I-485 application for permanent residence, with all supporting documents, if you originally entered the U.S. legally. You can also apply for the employment authorization card and advance parole which will allow the alien to travel abroad pending the INS interview. Depending on the INS workload, an interview will be scheduled anywhere from 6 months to more than 1 year from the time the application is filed.

At the interview, the INS will question the couple to make sure that the marriage is bona fide, meaning that the couple did not get married solely for the purpose of getting an immigration benefit for the alien spouse. If the I-485 is approved, the alien spouse will receive a 2 year conditional Green Card. Within 90 days prior to the 2nd anniversary of receiving the Green Card, the couple must file a petition with the INS to remove the condition. Documents must be submitted to prove that the couple has a bona fide marriage, such as joint credit cards, joint bank accounts, proof of children born to the couple, joint health insurance, etc. If the INS is satisfied by the evidence submitted, the condition will be removed. If the couple fails to file the removal petition within 90 days, then the Green Card will automatically terminate.

Answer 7

The belief that marriage to a US citizen makes an illegal "legal" is probably among the top immigration myths. But to answer your question, the answer is, it depends:

1) if first entry was legal but you overstayed (i.e. visa expired) then YES, marriage to a US citizen is a way to become "legal"

2) if first entry was illegal (i.e. you sneaked across the border), then marriage to a US citizen can NEVER be the basis to make you legal. Even after marriage, you could still be subject to arrest and deportation by ICE

Answer 8

At your local city hall, but it does not help in the process of your spouse becoming a citizen. It is a very difficult process especially if your spouse came illegally through Mexico.

Answer 9

Contact an immigration lawyer.