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  1. #1
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    Feb 2008
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    Default Marriage To My Fiance With An Illegal Alien Status

    I am a US citizen, my fiance and I plan to get married. The problem is she is of illegal alien status. She came to the United States on the tourist visa and has a passport. Her tourist visa has expired years ago, but she still resides in the States. what legal ramifications due I face if I marry her? Is there a way for her to get ger green card without having to leave the states?

  2. #2
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    Jan 2008
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    Default Re: Marriage To My Fiance With An Illegal Alien Status

    Is there a way for her to get ger green card without having to leave the states?
    Unfortunately, no.

    Amnesty provisions expired in 2001. If you intend to marry, you really need to talk to an immigration lawyer.

  3. #3
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    Default Re: Marriage To My Fiance With An Illegal Alien Status

    I've read in other posts that talk about adjusting the status after they get married. Is that an option that I can take? She came to the states when she was 15, I think, with a tourist visa. Now she is 21. She came here legally but now has overstayed and is considered "illegal"

  4. #4
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    Default Re: Marriage To My Fiance With An Illegal Alien Status

    No. Adjusting status is only viable for people who are here legally - for example, came here on a fiancee visa and got married prior to its expiration.

    She is not here legally.

    You need to speak with an immigration attorney.

  5. #5
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    Default Re: Marriage To My Fiance With An Illegal Alien Status

    Kdragon...the answers you got so far are wrong. You CAN marry her and she CAN adjust status based on the marriage. Below is a link on immigraiton through a family member. The key is that she entered the country legally,via inspection and just overstayed. Hopefully she still has a copy of her expired Visa (i-94) She is allowed to adjust the status if you marry her.

    DO NOT LET HER LEAVE THE US BEFORE YOU GET THE GREEN CARD...she will be subject to a 3-10 year ban on re-entry.

    The process can take anywhere from 6 months to 3 years, depending on how busy they are...first you get married .Some countys require a SSN, but other do not. The rule as written is that IF you have a SSN you must report it on the marriage application...but some jurisdiction intrepret that as you must HAVE a SSN. So if your county requires, search around for other county or state.

    Then you Petition your wife for Citizenship, she applies to adjust her status, and also applies for a work permit, while the Permanant residence is pending.

    Also, it is going to cost quite a bit, 3000-6000 and the ICE goes under the assumption that all marriages to foreign nationals are fraudulant, and you have to PROVE that it is a real marriage.

    Good luck



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

  6. #6
    Join Date
    Feb 2008
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    Default Re: Marriage To My Fiance With An Illegal Alien Status

    Thanks for the clarification. Are there things that I need to do prior to getting married or should I wait till afterwards? I am an active duty servicemember, does that in anyway affect the process, like time and cost?

  7. #7
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    Default Re: Marriage To My Fiance With An Illegal Alien Status

    No, there are no special breaks on time or cost for servicemen...there are a few specific things likeif you are overseas during the process. How to fill out the forms, where to file..etc

    As far as preparation, you will need to start gathering "evidence" of your life together...prior to marriage we are talking about pictures of you together on trips, at family gatherings..etc. Cards, like valentines day cards...letters...Good evidence of a normal courtship.... once you marry, it is important to show that you have expenses/assets/liabilities together.

  8. #8
    Join Date
    Feb 2008
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    5

    Default Re: Marriage To My Fiance With An Illegal Alien Status

    We do have a lot of pictures showing us being together and I do plan on adding her on to my accounts, etc after we get married. Is it wise that we talk to an immigration lawyer prior to getting married?

  9. #9
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    Default Re: Marriage To My Fiance With An Illegal Alien Status

    Definately you are going to want to talk to an immigration lawyer...make sure it is someone who deals with lots of immigration. A "Family Law" lawyer will know some, but may not be aware of all of the intricacies.

    Before the marriage, the lawyer will help with some of the "evidence' you will need with regards to that. Remember that ICE will assume a false marriage.....one thing my lawyer suggested is to get married in the place you live, if at all possible. Going to Vegas will give the appearance of "not family blessed" type wedding. Having a reception is important, even on a small scale.

    One thing we did that really impressed the ICE officer at our interview was to put the digital pictures on a power point presentation and add text, explaining what the pictures are and who is in them. Takes time, but well worth it.

  10. #10
    Join Date
    Feb 2008
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    Default Re: Marriage To My Fiance With An Illegal Alien Status

    The state that we live in (TN) does not offer marriage licenses without both people having SSNs, so we will have to get married in a different state. I assume you have been through this process already seeing that you know a lot of the details. About how much is it to hire an immigration lawyer for a case like this? You mentioned earlier that it costed somewhere between 3-6 grand, is that just for the paperwork? Or more like the whole deal?

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