DOES BEING MARRIED TO AN ILLEGAL PERSON JEOPARDIZE MY CHANCES OF GETTING MY CITIZENSHIP APPROVED? ARE THERE ANY RISKS FOR HER?

Asked almost 2 years ago - Marietta, GA

I WANT TO MARRY A GIRL WHO IS HERE ILLEGALY. SHE ENTERED WITH A J1 VISA BUT NOW IS OUT OF STATUS. I AM A GREENCARD HOLDER (ASYLUM) AND WILL BE APPLYING FOR CITIZENSHIP IN ABOUT 2 YEARS. I AM AFRAID I MAY HAVE PROBLEMS WITH GETTING MY CITIZENSHIP BECAUSE OF THIS. (BEING MARRIED TO ILLEGAL ALIEN). DO MY FEARS HAVE ANY GROUND OR WE CAN PROCEED WITH THE MARRIAGE? ALSO, ARE THERE ANY RISKS FOR HER? (LIKE DEPORTATION)

Attorney answers (4)

  1. Tracie Lynn Klinke

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . I agree with many of the statements here. The simple fact that you are married to a visa-overstay does not stop you from being eligible for citizenship. You will need to disclose that you are married and list her her name and address, though, so USCIS will be aware of her presence in the United States. Unless she is of extreme interest to ICE (terrorist, extensive criminal history, etc.) the odds are very small that she would come into harm's way. As soon as you are a citizen, though, I highly recommend filing an I-130/I-485 for her to get her protected.

    This general advice does not create an attorney-client relationship.
  2. Raphael Samuel Moore

    Contributor Level 16

    3

    Lawyers agree

    Answered . The marraige in and of itself will not be an issue, but it can cause other problems for your fiance. Get legal advice before you marry.

    Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-... more
  3. Robert Henry Beer

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I agree my colleagues. You are not going to be denied naturalization because you are married to an illegal alien. However, if your girlfriend (wife) is NOT subject to the 2 year foreign residency requirement, she may still adjust her status here because she is married to a U.S, Citizen because of an exception in INA ยง203. I am in Marietta and can be reached at either (770)955-1785 or via e-mail at bob@bobbeer.com. Hope that helps. Wishing you well. THINK IMMIGRATION - THINK BOB BEER..

    This communication does not create an attorney client relationship. If I can be of further assistance, please feel... more
  4. Anthony Meleika Aboseif

    Contributor Level 10

    2

    Lawyers agree

    Answered . Being married to someone out-of-status, alone, will not prevent you from getting citizenship. I highly recommend contacting a local experienced attorney to evaluate any possible risks for you or your fiancee.

    Legal disclaimer: By answering this question, there is no intention to create, nor does it create an ongoing duty... more

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,435 answers this week

3,174 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,435 answers this week

3,174 attorneys answering