I'm a U.S. citizen, if i marry an immigrant would that make him legal?

Question

He's from El Salvador, and i love him so much!

Yes it's the love!

Answer 1

He can apply for a resident allien card. The process starts with a temporary card and withion two years that can become permanant if you are still married. I attached the link for you to follow for the USCIS. If he is not in the country yet the Allien Fiance(e) petition is faster than marrying and applying, but if he is here its simpler to get married and file for residency. The Alien Fiance(e) requires the applicant to be out of the country and takes a few months for the CIS and State Department to act.

Good luck, the system can be awkward and confusing for first timers.

Answer 2

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Answer 3

..No... According to "BlogHog" once you are married.. whether it be in or out of the country and return to the States with a visa, it will only push his application to the bottom of the "sponsorship" entities..

And that alone can take up to 6 months to transfer. Now.. say if the application were to be labeled missing-- well, there goes getting married for nothing..

I truely believe illegals marry for that reason. However, all in all, it really doesn't help. Specifically because there is more paperwork.

Although you are sponsoring him.. and the same "last" name appears on the two of your papers, the extra paperwork equals it back to where it was in the first place.

Don't believe all these uninformed sausage heads.. They know nothing. Go to bloghog, sign up, and get all the information you ever wanted.

I just did it.. and there is so much **** on your question, you could be reading it for months.

Besides, once you get here after your marriage-- the only thing that will process thru quicker, is the green card. Nothing else.. And, because of you being the sponsor, it will actually cost more than the average $1,000.00 over a few years.

Oh.. and I almost forgot. If you are an illegal alien and try to get married here.. that's not a good idea. If that happens or if someone were to find out, you'd have to be married for at least 6 years until the State (whichever one you reside in) can confirm that your lifestyle is appropriate and equivalent of that of a legal citizen before offering a green card to your spouse.

If you are to do it out of the country, than you may come back, but you must be married from anywhere of 4 to 7 years. And.. if the State (which that you reside in) cannot validate you or your husband deemed worthy of citizenship, than he can be deported, along with you being fined.. up to 10,000 U.S. dollars and an imprisonment not to exceed 2 years. Depending on federal charges, etc.. it doesn't apply and may will be dealt with upon a higher; increased/ stricter disciplinary action.

However, if your husband is found illegally here, you can get married, but, the license will cost more and he will get deported. Most likely for a number of years... Because deportees' are currently receiving felonies.. (because that is the current law), he of course will be charged.

Whatever it is though.. Best wishes..

And thanks for doing it the LEGAL way...

(However, this whole "marriage--sponsorship" deal is about to change according to the new House Bill...)

--Rob J. :)~

Answer 4

Marrying An Immigrant

Answer 5

If he's still in El Salvador, then your best bet would be to do a fiance visa. Once that's approved, he can come here legally and then you'll have 90 days to get married. After you're married, then go through the steps for a green card.

Answer 6

No. Marrying a person unlawfully in the U.S. does not automatically make him legal. Whoever is telling you it's some sort of automatic process is WRONG.

There are many issues. The first: How did he enter the U.S. in the first place - legally or illegally?

If he entered legally (and due to passage of time his visa expired and he is not here illegally) you can still "fix his papers" through a process called, "Adjustment of Status." Simply put, you will adjust his status fro that of an overstay visitor to a Lawful Permanent Resident (LPR) which is the legal term for a green card holder.

If he entered illegally you potentially have a big problem! The only way he can remain in the US and "fix his papers" - become an LPR - is if someone else petitioned for him as a family member, or an employer petitioned for him as a worker, before April 30, 2001. If this happened, then he is "Grandfathered-in" and you can petition for him to obtain his green card (LPR status) though he is still here illegally.

If he entered illegallly and NO PETITION WAS EVER FILED or if a petition was filed, but after April 30, 2001, UNLESS THE LAW CHANGES- AND IMMIGRATION LAW IS CONSISTENTLY CHANGING - he will have to "consular process" to obtain his LPR status.

This means, you will petition for him from the U.S., once his petition is approved, his case will be sent to the US Consulate in El Salvador, he will have to leave the U.S. to attend his appointment in El Salvador and they will consider whether to approve him or not.

There is a hitch -- if he has been unlawfully in the US for 180 days to 1 year, he will have to stay outside the U.S. for 3 years until he can be approved an immigrant visa to return to the US, unless he qualifies for a waiver. The waiver will require he show that his not getting his immigrant visa - LPR status - "green card" will cause extreme hardship on you.

If he has been in the US unlawfully for more than 1 year, he is barred from getting his immigrant visa approved, for 10 YEARS, unless he qualifies for the waiver showing you would suffer extreme hardship if he were not allowed to enter the US as a LPR.

If a waiver is needed, it usually takes from 6 months to 1 year for it to be considered and a decision to be made. During this time, your husband will have to reside outside the U.S.

If he is denied, then he will have to stay outside the US for either 3 years or 10 years, and then apply again. This is, of course, assuming any marriage will last that long with one party out of the country for such a long time.

You should contact an attorney or legal aid services, so you are well informed of all the consequences of whatever petition you file on behalf of your future husband.

This is serious business. We are talking the future of your life together, and given you have said he is here illegally, you could potentially screw up big time, if you just fill out the forms not knowing their significance. good luck.

Answer 7

If you marry an immigrant, you must take the marriage license over to your local Immigration office. There your spouse will be given a temporary green card and SSN card. In two years if remember correctly after your interview your spouse will get a perment green card. Making him legal. But that card can be revoked if he spends more than 50% of a year out of the country, or commites a crime. The best way for a spouse to stay permanently is for them to apply for citizenship which he can do after he has had his permament green card for 5 years.

Answer 8

This Site Might Help You.

RE:
I'm a U.S. citizen, if i marry an immigrant would that make him legal?

Answer 9

Not immediately. You would have to file an I-485 Petition for him to adjust his status. Visit USCIS.GOV for more information and to download Form I-485. He will get a "Green Card" and after 5 years he can apply to be a US citizen.

I hope you are marrying the person because you love them and not because you want to make them legal.

Also, not ALL immigrants are illegal. There are many legal immigrants who migrated to the USA after obtaining the required Immigrant Visa. If the man you plan to marry is a LEGAL immigrant, your marrying him will not affect or change his status.

Good luck!

Answer 10

Yes, but be very careful, there are too many cases of immigrants marrying American citizens for the sole purpose of staying in this country. INS will keep the both of you under close surveillance for a time to see if the marriage is legit. If it is not, then the both of you are in hot water with the FEDS.