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  1. #1
    Join Date
    Jul 2007
    Posts
    2

    Default Green Card Holder Marrying An Illegal Immigrant

    I am a legal resident of the U.S and GC holder since 1984, I would like to get married, however this person is an illegal immigrant that has been in the U.S for 6 years. Do I need to obtain U.S Citizenship before we get married or can we get married first and then file paperwork together?

    Which way would be the most expedious for my future spouse?

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Green Card Holder Marrying An Illegal Immigrant

    Did you fiance enter legally, and over stay? Or, did he/she enter Illegally, with no inspection, no I-94?
    If he/she did enter illegally, then previous post is right, they have no status. If it was an overstay situation, they are considered out of status.

    Below is a link to the process of immigration through a family member. There is a mention of Preference categories, and it seems the spouse of US citizen has preference over spouse of LPR. If you are a citizen, then an immigrant visa number is immediately available for your spouse. If you are only LPR, then you wait until one becomes "available". I have no idea what time frame that may be, but being a citizen first might make the process take less time.



    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

  3. #3
    Join Date
    Jul 2007
    Posts
    2

    Default Re: Green Card Holder Marrying An Illegal Immigrant

    This is an overstay situation. Legal entrance into the U.S.

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