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I have a H1B visa and my fiance is an illegal alien with a mexican consular card. I am thinking to get married with him someday soon, but if I do so, I won't be able to apply green card?
thats a tough one. I'd say get married in your home country but I imagine it would be pretty difficult to get him back...immigration lawyer like the above poster mentioned is your best bet.
I'm already married. what I'm trying to figure out is how to become illegal...
Last edited by Sigequinox; 08-19-2015 at 08:25 PM..
But my guess is that you should first do the paperwork to become a legal permanent resident. After you've done that, you can probably sponsor your finance. Your finance should not be here so she would have to return to her country and from there you can start the process of sponsorship. It's expensive but otherwise you run a risk. It also can take a couple of years but in the meantime your fiance can visit for three months at a time. You can also go and visit her. I think you can go and marry her in her country and apply for a marriage visa. It takes time though.
Ask on the Immigration forum because I'm not sure if a legal permanent resident can sponsor a fiance or maybe you would have to take the next step and become a citizen. I know citizens can sponsor a fiance or a wife.
No, it won't. Marriage by itself does not make you illegal.
Whether you'd be able (in your status) to legalize him, is questionable. You probably can include him to your GC case, once you get married, denial of his GC based on marriage shouldn't affect your GC.
Another thing, he might be able to leave USA and come back legally on H4. One my friend did exactly that after his wife lost her H1b status and needed to "legalize".
Consult immigration-specific forum, or hire an immigration attorney.
As far as I know, only a US citizen can sponsor an "Alien fiance"...
There are different processes. H1b holder can apply to have his/her family on H4 after the marriage (not fiance). GC holder can sponsor his/her spouse and parents too, it just takes so much longer, that it makes more sense to wait and apply for family reunion after the citizenship.
Citizens could actually apply for fiance visa, and processing times for them are much quicker. But if OP wants to marry the guy, she might be able to sponsor him sooner or later.
The correct answer is: "consult an immigration lawyer". OP, it's complicated enough when a US citizen marries someone who's in the US legally (that's not the way it's supposed to be done; you're supposed to have the person go back home, then sponsor them on a fiance visa). It would be a mess if you were to try to do that as a non-citizen, and on top of that, marrying someone who's in the country illegally.
I think the poster who advised that you get permanent resident status first, was on the right track. Please make an appointment with a lawyer , to get some good, reliable answers to all your questions. In fact, when you call for an appointment, if you reach the lawyer directly (if it's someone with their own practice, and not a law firm), s/he may answer your questions over the phone for free. But even if you have to pay for a 1-hr. consult, it will be worth the expense to get expert advice.
The correct answer is: "consult an immigration lawyer".
Agree.
Quote:
Originally Posted by Ruth4Truth
OP, it's complicated enough when a US citizen marries someone who's in the US legally (that's not the way it's supposed to be done; you're supposed to have the person go back home, then sponsor them on a fiance visa).
Totally disagree. It's quite simple, get the forms, they all written in plain English and submit them. I know many people without college education who did it without any lawyers.
And when someone marries a person who stays legally (even on a guest visa), they just apply for change of status and they're legal for as long as decision is pending. No need to exit. I believe it's the case, even when petitioner is citizen and spouse is illegal... The spouse cannot be deported while application is pending, unless judgement for deportation has been already issued before the marriage.
Again, I knew several ladies who lived illegally in USA, got married and all but 1 of them got their GC and citizenship eventually (the one who wasn't allowed to stay, had decision for deportation in her hands when she suddenly found herself a husband).
Quote:
Originally Posted by Ruth4Truth
It would be a mess if you were to try to do that as a non-citizen, and on top of that, marrying someone who's in the country illegally.
That is for sure. Marriage itself wouldn't bring any mess. But to "legalize" her husband, might be not as easy, and she would have only one shot to do it right (or with better chances of success). If she makes a mistake, her husband might be deported, and banned from reentry to USA for 10 years for any reasons.
If on top of that, USCIS decides that she attempted to cheat them... Then she might be forced to leave the country too.
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To get married with illegal alien affects my legal status?
