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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Default Separation Inevitable When Marrying An Illegal Alien

    My girlfriend and I are considering getting married. She is in the US illegally, after overstaying a visa 2 years ago.

    If we marry and start the process of getting her a Green Card, will she have to go back to her country in the meantime? How likely are we to be separated, and for how long?

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

    Default Re: Separation Inevitable When Marrying An Illegal Alien

    DO NOT LET HER LEAVE THE COUNTRY!

    If she entered legally and just overstayed, you can get married and petition to adjust her status to permanent residency (green card) WITHOUT her having to leave the country first. If she leaves first, she will be subject to a ten year ban from re-entry.

    Here is a link to the USCIS immigration through a family member (Spouse)

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


    Overall process takes about 3-4 years...she will get her Conditional permanant residency card within about 6 months-1year. Cost about 3000-6000 depending on whether or not you use a lawyer (highly recommended)

    Getting married is not any different that if both were citizens. The only issue is that some jurisdiction "require" a Social security number to obtain a license. Some do, some dont. If your county/state requires, then search around for another county/state that does not.

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