Can an illegal immigrant leave the u.s. and come back in with just a travel visa?
Answer:
If she is an illegal and she gets caught, even after the ceremony, she will be sent home and will not be able to return to the U.S. for a period of 10 years. If someone gets here illegally, they need to leave the country and ask for re-admittance. If they do not, they will be deported. I know a girl here in Florida that this actually happened to. She is now back in her homeland waiting to come back to the U.S.
OK, here's the deal, you will be leaving the US in either case, so it probably won't make much of a difference. If you leave, you most likely won't be able to come back.
If you leave the US by air, you will need to present your passport to check in the airport AND you will definitely have to hand in your form that you filled out when you first arrived (I-20 ) which will show that you overstayed your visa, or entered illegally if you don't have it. The airlines will call immigration and you will be kicked out of the country and told to wait at least 10 years before applying for a new visa.
You might be able to leave by land without getting asked for your papers, but I wouldn't bet on it.
You will be able to travel by plane, however she will not. If she is caught trying to leave the country she will be kicked out; even if they don't catch it when she is going out of the us, she will not be allowed back in. I could be wrong but I think that since you are a us citizen, if you get married in the us it should make her eligible for citizenship. I would suggest that you contact an immigration attorney (yes there is such a thing). You should be able to get these basic questions answered. Whatever you do, don't go out of the country for your wedding!
If she has a Brazilian passport she can. If you leave the USA you are not longer illegal. Illegality only applies when you are in the country undocumented. Once you apply for the visa and its obtained you are not longer illegal either. I would suggest that before getting married, you should start the process of nationalization and avoid any future problems.
They will not let her in with just a marriage certificate. They don't make it easy on people just because they get married, believe me I know, my wife is Swiss and we went through a huge ordeal to get her in the country as well. I imagine that since she's not legal to come in, meaning she doesnt have a visa yet, it will be even harder. From my experience you will need to either get her in the country and marry her then, or marry her outside of the country and file the necessary paperwork from there. In either case you will be waiting at least 6 months to a year before she can come in the country. Depending on her financial status (sad but true) she probably won't be granted a visa as a visitor, so you'll have to marry her abroad, apply through the local embassy, and wait around till everything is sorted. You should also know that filing all the paperwork takes a long time in itself and costs about $1200 minimum. You need to have medical exams, clean police records, interviews, and even proof of a relationship like letters or emails over a certain period of time. A piece of advice is just to be patient with the people at Homeland Security, it is a huge beaurocracy and even if they wanted to, they couldn't be more efficient.
Good luck.
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