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I'm a military service member and a us citizen. Can I marry a illegal immigrant that is still a minor and get her citizenship?
Lacey, WA
Viewed 453 times.
Posted 10 months ago in Immigration
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I am in the US Army living in Ft Lewis Wa, my fiancee is in Texas and after getting married I wanted to bring her where I am at. I heard that if a illegal immigrant marries a us citizen before their 18th birthday through the spouse they can get citizenship, just wanted to confirm that. Oh yeah what is the process?
Additional information
She came here to the US at the age of 7 with no review. Her parents are going to grant us to get married as well. Because she hasn't legally accrued any time here (no 180 days or more after turning 18) can I still adjust for her and have her come to Washington? Answers (3)Michael A Harris
This attorney is licensed in Florida.
Posted 10 months ago.
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When you say, "illegal," do you mean that she entered the U.S. without inspection (referred to as EWI)? Or did she lawfully enter the U.S. originally (that is, was she inspected and admitted into the country)? Despite your military status, these questions will determine whether she can be granted permanent residence in the U.S., or whether she'll have to depart and obtain a visa at a U.S. consulate.
Also, regarding marriage to minors: if the person is not emancipated or within the legal age to marry within your state, then you may not be able to marry the person until she is legally allowed to do so. Emanuel
Posted 10 months ago.
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She came here to the US at the age of 7 with no review. Her parents are going to grant us to get married as well. Because she hasn't legally accrued any time here (no 180 days or more after turning 18) can I still adjust for her and have her come to Washington?
Michael A Harris
This attorney is licensed in Florida.
Posted 10 months ago.
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It is true that minors do not acquire unlawful presence (ULP) in the U.S. before their 18th birthday. However, your fiancee still was not admitted and inspected into the U.S. While she may not have ULP at the moment (and shouldn't risk being her 180 days after she turns 18 years old), in order to adjust her status she will need status.
Note that it's important that she not acquire ULP after her 18th birthday because at that point she will need a waiver to re-enter the U.S. This is your fiancee's benefit by being a minor: if she departs before she acquires ULP, she can avoid applying for a waiver at a U.S. consulate. While you may try to get married in the U.S. (if state law allows it), your fiancee will need to depart from the U.S. and seek a nonimmigrant or immigrant visa to enter the U.S. Please contact my office if you would like to retain our firm for legal services. |