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

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. 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 to respond to questions. An attorney-client relationship has not been formed. The answer is not intended as anything other than the opinion of the author. It should not be relied upon as legal advice. The answer given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.


  2. 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-client relationship is formed with you. Our aim is to provide general principles that may be useful to the Avvo community as a whole. You should seek individual legal advice pertaining to your specific factual situation, and the laws applicable to your jurisdiction. Moore & Moore Attorneys at Law -- thelaw@mytrustedlawyer.com


  3. 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 §203. 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 free to contact me at any time at either (770)955-1785 or (678)576-9394 or via e-mail at bob@bobbeer.com. THINK IMMIGRATION - THINK BOB BEER


  4. 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.

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