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Does an Undocumented Immigrant Have To Leave the U.S. to Marry a Citizen?

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  • 08-14-2006, 02:44 PM
    mmadsen55
    Re: Illegal Presence Since Infancy
    Maybe this is directed more at Mr. Knowitall, but i have seen the same comments quite a few times recently with regards to marriage. If you want to marry your US Citizen girlfriend, it is not mandatory for you to leave first? Am I correct? If you qualify for marriage you should be able to get married in the US and then have the wife petition to adjust his status? My wife was out of status and she did not have to leave in order for us to get married and petition her. I guess I can see why immigration would tell him that he has to leave and face the 10 year exclusion, that is the letter of the lawy, but he should be able to marry and then start the process of adjusting status.
  • 08-14-2006, 04:20 PM
    Mr. Knowitall
    Re: Illegal Presence Since Infancy
    If you entered and were inspected upon entry, in most cases you would be much better off marrying then adjusting your status, as if you were to leave first you would be subject to a potentially long period of exclusion before you could lawfully reenter the United States.

    You should never take legal advice from the USCIS - they can at most give you legal information, and they have a very different agenda than the immigrant. You should get legal advice from an immigration lawyer.
  • 08-17-2006, 02:20 AM
    TheWRX
    Re: Does an Undocumented Immigrant Have To Leave the U.S. to Marry a Citizen?
    Also from doing much research...Yes I think he should be able to apply for the I-485 which is the Status adjustment..and I am guessing that he is out of status so he would probebly have to submit the I-485 Sub A...which is with a fee of 1000$ basically as a pentaly for him being out of status...

    Mohd
  • 08-17-2006, 06:31 AM
    Mr. Knowitall
    Re: Does an Undocumented Immigrant Have To Leave the U.S. to Marry a Citizen?
    What specifically is it in your research which suggests that adjustment of status is possible?
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