US Citizen married to Illegal

[hsakakibara1]

I know it can happen and the illegal alien(overstay) can get legalized. However how easy is this process?

[dmf32835]

Its not easy and you'll still have to file for a K-1 visa if you want to be with your fiance after she adjusts her status.

[jrandolph]

Hi,

I don't know if you still need an answer to this but many overstays who can prove they entered lawfully can adjust their status if they're marrying a US citizen without leaving the US.

If they leave the US many of them are barred for up to 10 years even if they married a US citizen.

[ThunderCow]

For anyone else falling upon this thread, if you face this situation, I would immediately get a lawyer to handle this, and not just post a message on a forum. I know this can be done because my buddy married an overstay and they got it sorted out.

I think the smart thing is to talk to a lawyer first, and then make decisions like leaving the country--that can effect your rights.

[masudkarim]

Even if you are now illegal in the US (staying past the date of authorized stay, ... Marriage to US Citizen. There are several options: Get married and ...

[Alex Berd, Esq.]

In certain case, even persons who were admitted and entered with a fake passport/visa, can adjust their status in case of marriage to a U.S. citizen. They would need to file a fraud waiver, which is discretionary.

[7steven007]

I am a U.S. Citizen who has been married to an illegal (Mexican) immigrant for 5 years. We have 3 kids and he has one son with another illegal immigrant. ..

[Alex Berd, Esq.]

Steven, there are two types of illegal/undocumented immigrants: those who entered illegally and those who entered legally, but overstayed their I-94 card. You need to speak with a competent Immigration attorney.

[DutchRudder]

Shouldn't being married to a legal U.S. citizen take care of the matter?

[Alex Berd, Esq.]

If the person entered without inspection (EWI), marriage to a U.S. citizen will not cure it... the person will still be inadmissible - cannot obtain Permanent Residence (unless grandfathered under section 245(i)).

Alex Berd, Esq.

Berd & Klauss, PLLC

44 Wall Street, 12th Floor

New York, NY 10005

Tel: (212) 380-1291

Fax: (212) 461-7153

Skype: alex.berd

Email: aberd@berdklauss.com