Anonymous

Can A U.S. Citizen Legally Marry An Illegal Alien In The U.S.?

16 Answers

Luke Wilcox Profile
Luke Wilcox answered
Yes, a U.S. Citizen can legally marry an illegal alien in the United States. There is nothing stopping them from doing so. It is possible for an illegal alien to obtain legal U.S. Status through this marriage, however here are a number of factors that will affect the outcome.

One of these factors is the past immigration history of the illegal person. Factors such as how this person originally entered the United States combined with additional factors such as if there has ever been any paperwork filed on their behalf.

If the person entered the country illegally, such as without a valid visa, then his or her status opportunities will be severely limited. If the person entered the country legally but has overstayed their visa, then this presents an entirely different situation. However, it is worth noting that just because someone has married a legal U.S. Citizen does not automatically grant him or her U.S. Citizenship, nor does it make him or her a legal resident of the United States.

Marriage does not automatically produce a green card, which is permanent U.S. Residence status. Aliens who have entered the country illegally will have the most difficulty claiming such status. If an illegal person has spent more than six months in the U.S. After an illegal entry, their penalty is three years outside the U.S. Aliens who have entered legally will not have this problem.

It is extremely important to consult with a licensed United States immigration attorney before doing anything. Seeking professional advice is always the best start. There are a number of sites where additional information can be obtained on this subject. A good website to check for this information is US Immigration Lawyers.com. Here you will find the answers to many of in-depth questions that you may be concerned about.
Marek Sypolka Profile
Marek Sypolka answered
Whoever said you can not or that you have to leave the country is full of it, it is only true if you came to US illegally  but if you came here legally and just overstayed your permitted visa period then you have no problem, get married with a US citizen, prove that you married for love and get your green card in about 3 to 8 months. I went through it myself so it is not that I heard it from someone else. Enjoy being here...
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gabby gonzalez
gabby gonzalez commented
I overstayed my permitted visa period. And i am so scared i dont know wat to do im in love with my fiance we have been together for 2 years and he wants to help me.. But i dont know what step to take first. Is it a lot of things u have to go through in immigration? Is it true that wen u are from a country they dont like they give u a hard time?
Anonymous
Anonymous commented
Can you give me more information on this process, my fiance lives in the UK and I'm a US citizen
Deisi Villagomez Profile
You can marry an illegal alien in the U.S.  But this will not change their immigration status. In other words, they he/she will still be illegal. When you petition for your spouse, the form (I-130) will be denied because he/she snuck in illegally to marry you. So the best way to do this is to apply for a fiance visa using (I-129 FORM) $340 FEE. Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.
Will Martin Profile
Will Martin answered
Marrying an illegal alien doesn't confer citizenship or legal status on him/her, and in fact there could be penalties for doing  this. There can also be a long and difficult procedure in trying to gain legal status - thisarticle may give some pointers. There is also a website called:

Immigrate2us.net

which tries to help with free advice, though the people who run it aren't lawyers.
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Anonymous
Anonymous commented
I heard that you can but they have to pay finds and stay in the us for five years and have proof they were here
Mimi Chai Profile
Mimi Chai answered
Yes you can marry them legally.  Everything about your marriage will be legal but like wordy said, that doesn't mean your other half will be a citizen automatically. The laws keep on changing and I think they wound have to wait for several years before they can get their green card then go for an interview for their citizenship.
Anonymous Profile
Anonymous answered
I you marry an illegal alien, the person will have to leave the country for period of time because the person has not been "inspected" by immigration.  I have heard individuals being out of the U.S. For months or even years.  You need to hire a good immigration atty.  In my state (CA), the State Bar maintains a list of attys who are certified, by the State Bar, specialist in immigration law.  I would suggest that you only deal with an atty who so certified.
Anonymous Profile
Anonymous answered
I'm pretty sure that an illegal alien can marry a US citizen, or else those who obtained their green card via that route would not have been able to do so at all that way. I am aware also, that the US citizen must file for the alien's permanent residence. If a marriage occurs and no filing of papers are done, the alien still remains illegal. Of course, the US Immigration and Naturalization service is the best "person" to verify all this information. Laws do changes constantly.
Anonymous Profile
Anonymous answered

The best thing to do is hire an immgration lawyer - thats what I did to get my UK husband here. He got his 10 year status permanent resident in 3 months we had it because if anything is filled out wrong it can cost you more and maybe be deported. 

It cost me $2400 for lawyer then i paid for medical exam those can be expensive depending on where you get it at, then of course gas for the trips and hotel room.

As for the interview the lady was very nice we felt comfortable after we got in there we were really nervous before interview we had pics of wedding and trips we made with each other and family pics where i met his family and he met mine.

We were together five years before we applied that with pics and things like letters from my children and mom and other family members on how they met him and what they thought about him proved we were really in love with each other as we still are  very much in love.

We met in 2003 and were still going strong.

Good luck to you all with you over staying a lawyer would be best not do it on your own.

Luis Mier Profile
Luis Mier answered

Yes of course, one can marry an illegal alien. I don't think there will be any problem. 

Anonymous Profile
Anonymous answered

My son's fiancé was child brought here from Mexico when she was three, how does citizenship effect her? They have children and want to be married. I don't know if she has a visa or I don't know I thought there was something about the year she was here she would be granted it?

Anonymous Profile
Anonymous answered

My boyfriend entered the country legally on a Q-1 visa. He was permitted to work for a specific company until October of this year. He was terminated in March and has been staying with me while he waited for the date of his return ticket instead of spending $1000 for a new one to go back home. We were planning on getting married anyway, but his unexpected termination has us wondering if we still can.

We've been together for two years now, so it's not like we're faking it. He's only overstayed his visa by two months, and when we called The Department of State to check on the status of his visa in April, they said that it was still valid until October.

We are very confused. We know that our marriage would be perfectly legal, but we don't know if we could file for Adjustment of Status legally since he overstayed. We also don't know if they have recorded him as overstaying since we were told that his visa was still valid.

We're desperate at this point because his return date is approaching quickly and we know that it will be significantly harder to do this once he returns to his home country (he's Italian, by the way). So any help would be appreciated. If you have any answers, please help us.

Tommy Mila Profile
Tommy Mila answered

My boyfriend entered the country legally on a Q-1 visa. He was permitted to work for a specific company until October of this year. He was terminated in March and has been staying with me while he waited for the date of his return ticket instead of spending $1000 for a new one to go back home. We were planning on getting married anyway, but his unexpected termination has us wondering if we still can.

We've been together for two years now, so it's not like we're faking it. He's only overstayed his visa by two months, and when we called The Department of State to check on the status of his visa in April, they said that it was still valid until October.

We are very confused. We know that our marriage would be perfectly legal, but we don't know if we could file for Adjustment of Status legally since he overstayed. We also don't know if they have recorded him as overstaying since we were told that his visa was still valid.

We're desperate at this point because his return date is approaching quickly and we know that it will be significantly harder to do this once he returns to his home country (he's Italian, by the way). So any help would be appreciated. If you have any answers, please help us.

Anonymous Profile
Anonymous answered
Jeez people, The only way an illegal can marry a citizen legally is to not be here when they file the proper papers. Making them not illegal. This is a very tricky situation for someone who has been here illegally for sometime. You have to get out of the country and reenter. You apply for and usually obtain a temporary visa. Once they do that there is a lengthy process towards getting their citizenship. Just getting married doesn't cut it either. That is a myth. If you're caught using the marriage clause purely for naturalization you are in deep doggy doo doo, both parties. Once you're deemed illegal you are illegal. Federal and State laws are different. The state has absolutely nothing to do with your committed felony by your being illegal. If you would like to report federal criminals contact your local Homeland Security office and speak with ICE.
Anonymous Profile
Anonymous answered
If a person without papers married a US citizen, that person need to go back to his or her country, once is there, the US citizen can apply for a fiance visa, (3 months for processing), then they have 90 days to get married once she or he arrive to USA, she or he will get a work permit and in 1 year he or she will became resident and after 3 years of marriage American citizen.
There  is one exception to avoid going back to his country:  If he or she arrived to USA with passport or there is a petition pending supported by the law 245 I filled years ago.
Giaco (Jack) Strangonni Profile
Why don't you write to the department of naturalization and ask them They would be more qualified to answer that question than anyone else.
Further, an illegal alien has broken the American law system. There are people who have studied and worked their butts of to become American citizens. People like you are adding to the problem.
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Anonymous
Anonymous commented
Hey Tucson 111 did they really break the law if they were brought here as infant by there parents. Really they broke the law and people like me and the person that posted this are adding to the problem? You are just an ignorant person who doesn't understand the situations under which people wind up in this country then go to school and get straight A's and not be able to go to college or get a decent job, People who want to contribute good things to this country.
Giaco (Jack) Strangonni
I gave the answer that I did because if a person does not know where to buy a duck, they may possibly not know how to contact the department of naturalization. Not only that, but the department of naturalization would only know about wild ducks. Is it legal to capture and sell wild ducks? I don't think so, but what do I know? I am border line stupid ya know.
Anonymous
Anonymous commented
I would love to see you go work like they do. They work harder that americans do. I have seen only maybe 2-3 americans that actually are willing to go work in the fields and stuff. Are u going to do that. I didn't think so. They work their butts off. I have much respect for illegals especially those you come here and learn english to better themselves. Yes I am with someone now that is mexican. Been with him for 6 years and i hate ignorate a holes like u!!!
Anonymous Profile
Anonymous answered
I have no pitty for people who come to the us illegally. I came here legally and waited ten years. My  family has  waited 20 years to come here legally. The illegals are ruining the economy by dwindling our resources.

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