Undocumented Immigrant marry U.S. Citizen?

Discussion in 'Immigration' started by markjw, Apr 30, 2013.

  1. markjw

    markjw New Member

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    Hello.

    Sorry if this is a question that is asked frequently but I was hoping for a little information on steps for a U.S. Citizen to marry an undocumented immigrant (illegal alien, whatever your flavor) from Mexico. My girlfriend of 4 years and I are getting close to the point of wanting to marry. She has 2 kids, both born in the U.S., not mine, and I am a Natural Born U.S. Citizen and U.S. Army Veteran. I've looked around on the internet for open information and steps to take, but I always seems to find a dead-end with ads for attorneys. I know an attorney is going to be the end result, but I still like to find out everything I can before paying for something.

    So, does anyone know of any specific forums that offer legal help on this topic? Has anyone here been through this process? I've read that she may have to return to Mexico for up to 10 years, but I really hope that isn't the case? I read that Obama is doing something with Immigration Reform that is supposed to offer a special waiver to immigrants that are marrying a U.S. Citizen, has this taken effect? Any other information would be great.

    Thanks so much for any help, and if this the wrong forum, I apologize, but it seems like an Immigration issue of a sort.
     
  2. Alwayssa

    Alwayssa Well-Known Member

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    this is a common question on immigration support forums. To answer your question, it will depend whether your spouse entered the countrey without inspection or overstayed on a visa. If it is the latter, then the I-485, I-765, and I-130 will be the forms you would need to send, along with the applicable fee. If your spouse entered without inspection, then no forms are available since she currently cannot adjust her status.

    Barring the political hubris, it is possible that your wife may be able to adjust status if comprehensive immigration reform passes.

    I hope this answers your question.
     
  3. Mushroom

    Mushroom Well-Known Member

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    Well, actually you are mixing up several different things here. And I have some first hand experience in this, so let me see if I can help straighten it out.

    As far as her immigration status, that has nothing to do with your getting married or not. Legally in all 50 states you can marry anybody you want, as long as they (and you) are not currently married, are of legal age and the opposite sex. Immigration status has nothing to do with this.

    Mostly what a person needs is a sponsor, be it a company or individual (usually family member). And since she already has 2 kids that are US citizens, there is not much you could add to that.

    As Alwayssa said, a lot also depends on how she entered, illegally or as a visa overstay. There are different procedures for each. Generally if a person is a visa overstay, when all the paperwork is done they normally just extend the visa then continue with the formalities for legalizing the status.

    If they entered illegally, then often they do a "revolving door" entry. In other words, with a valid entry visa in hand she would go back to the nearest port of entry, leave then immediately re-enter with the valid visa.

    Before going to a lawyer, I would try to find some pro bono or self-help organization in your area. For the initial part it is generally not much of a problem. While a lot of people are scared of being deported, the INS actually tries hard to not do that with people that go to them and try to legalize their status.

    And yes, for me this is from first-hand experience. When I got married and brought my wife in to get her ID card and enrolled in DEERS and CHAMPUS, I had the fun experience of telling my S-1 officer that yes, my wife was an illegal alien at the time. And nope, that had no impact on her getting her dependent's ID card.

    About 3 months later we had her first INS interview, and within 6 months she had her Permanent Resident card.
     
  4. waltky

    waltky Well-Known Member

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    Dat's why Granny tells Uncle Ferd to always wear a condom around Hispexican womens...
    :grandma:
    Jeb Bush: ‘Immigrants Are More Fertile … Are the Engine of Economic Prosperity’
    June 14, 2013 – Former Florida Gov. Jeb Bush, a Republican, said that immigrants to America “are more fertile,” have “more intact families,” and "are the engine of economic prosperity” that could improve the U.S. economy and help the government to cover the rising cost of entitlements.
    See also:

    Undocumented immigrants may apply to Loyola med school
    June 14, 2013 > Undocumented immigrants are now welcome to apply at Loyola University Stritch School of Medicine in an unprecedented move school officials hope might spread to the rest of the medical community.
     
  5. Mushroom

    Mushroom Well-Known Member

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    Sorry, but let me just say I am disappointed. I would have expected better from you Waltky.
     

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