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  1. #1
    hsakakibara1 is offline Junior Member hsakakibara1 is on a distinguished road
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    US Citizen married to Illegal

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

  2. #2
    dmf32835 is offline Junior Member dmf32835 is on a distinguished road
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    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.
    Who am I: Nicholas Copernicus
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    Background: I've been a legal assistant for about 5 years now.

  3. #3
    jrandolph is offline Junior Member jrandolph is on a distinguished road
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    Still open?

    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.
    Justin G. Randolph, Esq. - Immigration lawyer handling Green Cards, Deportation, Citizenship and more & also handling Pregnancy Discrimination & other discrimination cases.

    No attorney/client relationship is formed or intended to be formed unless explicitly stated and contracted to in writing.

  4. #4
    ThunderCow is offline Member ThunderCow is on a distinguished road
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    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.

  5. #5
    masudkarim is offline Junior Member masudkarim is on a distinguished road
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    US Citizen married to Illegal

    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 ...

  6. #6
    Alex Berd, Esq. is offline Junior Member Alex Berd, Esq. is on a distinguished road
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    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.

  7. #7
    7steven007 is offline Junior Member 7steven007 is on a distinguished road
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    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. ..

  8. #8
    Alex Berd, Esq. is offline Junior Member Alex Berd, Esq. is on a distinguished road
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    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.

  9. #9
    DutchRudder is offline Junior Member DutchRudder is on a distinguished road
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    Shouldn't being married to a legal U.S. citizen take care of the matter?

  10. #10
    Alex Berd, Esq. is offline Junior Member Alex Berd, Esq. is on a distinguished road
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    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.

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    Email: aberd@berdklauss.com

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