Considering to marry an illegal girl from S. Korea who came to US on travel visa and the visa has expired.
If I marry her, will it be a legitimate marriage which the law of land here in US recongnizes? Will there be any repurcussion I'd have to face for this kind of marriage?
2006-11-15 18:49:35 · 8 answers · asked by big Enderon 1 in Politics & Government ➔ Immigration
If you marry her, then go to the U.S. Citizenship and Immigration Services, and get an I-130 form, petition for a spouse, and an I-485 form, petition for change of status.
As her husband, you can request her status be changed to immigrant.
Or, fly her home to Korea, then fly her back on a tourist visa and marry her while she is legal.
2006-11-15 19:18:53 · answer #1 · answered by Longshiren 6 · 0⤊ 0⤋
Before i answer your question, what are your motive of marrying this person, are you marrying him/her for a fee?, if so then there is a long jail time, if not then there should be noting to worry about. If the illegal has overstayed his/her visa, all you have to do is take his passport of any ID he/she has to your local court and get a marriage certificate and andf get married.
After getting married, you do not neccessarily need immigration attorney because they just fill your form for you for not less than $1500. You can fill out the forms yourself and gather all the neccessary documents. Submit the documents supporting documents you can lay your hands on and also the form I-485 and I-765 which are change of status and employment authorization forms. Don't wait till you get all the supporting documents like Tax Returns, affidavit of support, send the ones you can get easily first and USCIS will write to you about those missing. The reason been that once you submit the Application for employment authorization, it only takes a few weeks (6-10 weeks) for employment authorization card to come in which will allow him/her to get a job and drivers lincense and social security.
Then only time i will suggets a lawyer is when you are going for the interview, so that you only pay the lawyer hourly which is about $150-$250 per hour and it only takes 30 minutes to hour for the interview. If you need more help, go to www.ilrc.org. they have a very resourceful information. I'm immigrant and went through USCIS without a lawyer even though I was almost denied of my legal status, I bought a book from ILRC for $60 and that it all i needed. It took USCIS 2.5 years to approve my case after submiting evidence after evidence, i ended up firing my lawyer becuse he could not help. Trust me ILRC is where you want to look for answers.
Hope this helps. If you love this person geniunely, do it and you won't regret it. love is what matters.
2006-11-16 07:39:16 · answer #2 · answered by killuminati 2 · 2⤊ 0⤋
Your marriage will be legit. It doesn't matter if her visa has expired. It use to be 2 years until a married non-citizen could get a green card. In the past year the guidelines have changed. It may take longer. I would suggest however hiring an immigration lawyer. There is lots of paper work involved. Preferably a South Korean one in the USA. You may also find some helpful info doing a google search. Good Luck
2006-11-16 03:06:40 · answer #3 · answered by Aidge 3 · 0⤊ 0⤋
It's not illegal to get married, but it's illegal to stay past the visa expiration.
If you get married in the US, it will be a legitimate marriage, though you will need government-issued identification, and all she probably has is a passport with an expired visa.
Under normal circumstances you could have applied for a fiancee visa, get her to US and marry her. The fiancee visa may now be denied due to the visa irregularities.
2006-11-16 03:03:20 · answer #4 · answered by Ivan 5 · 0⤊ 0⤋
The girl's status must be made legitimate so that she could get the proper documents as required by the law to contract marriage. If you make a short cut, the error might be fatal and you could be made to answer under the law for contracting a marriage based on fictitious documents or lack of requirements.
2006-11-16 04:53:36 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 2⤋
Repercussions? A lot of heartache and headaches. Sure, your marriage would be legitimate, but you will have a long, hard haul to get her status in the US legal.
2006-11-16 02:53:44 · answer #6 · answered by Daisy 6 · 0⤊ 0⤋
What part of "illegal" dont U understand??
Why not go live in her country and avoid problems???
2006-11-16 02:54:50 · answer #7 · answered by ymicgee 3 · 0⤊ 5⤋
prison for you deportation for her?
2006-11-16 02:51:10 · answer #8 · answered by ? 7 · 0⤊ 4⤋