If a person is in the U.S from another country illegally, can they marry an American w/o being deported?
Answer:
Seeing that she entered Legally, but over-stayed her visa. She is now considered Illegal because she has accumulated what is known as bad time. Bad time meaning, days that she stayed past the date that was stamped on her I-94 that was issued to her upon entrance into the country. However...If she intends on getting married now to the US citizen, she can...they are not going to deport her at time of application to get a marridge license. Here's the thing though...her US husband must file petitions l-130, l-485 and l-765 for her to become a legal resident and for her to work in this country. Once these petitions have been approved she will then be a legal resident. In order for the US husband to be to file for her though, he must be able to prove that he can support her by furnishing proof that he made 125% OVER the poverty level. Thats pretty much it. It took us almost 2 years to get ours that way, but we had no problems it just took a long time...others have had to wait even longer...so good luck! check out the websites below...
edit- and no, they dont need to hire an attorney unless the she comitted a crime other than over-staying her visa.
Edit-dont listen to the other derisive answers in here...they dont care if your friend came in with or without a visa...myself and yak rider are correct..
Although she could be deported...she won't. They will allow her to stay and go through the process here.
When you ask "how to get around this law" it sounds as if you are asking how to break the law.
yes she will be deported only because she doesnt have her green card tell your friend im sorry cause that must really suck
They need to contact an attorney, like yesterday.
Yes.
Your friend is in luck. She entered the country with a visa. Even though she's an illegal alien now, she'll be allowed to adjust status. If she had entered illegally, without a visa, she'd be required to leave and it might take years for him to come back.
After the marriage the husband must file an I-130 (petition), I-485 (change of status) and I-765 (work permit request), along with all the supporting documents (I-134 and G-325), with the CIS all at the same time. Understand? You need to file them all at the same time.
You can find the forms and instructions here. You can fill them out online and then print them at home, ready to sign and mail.
http://www.uscis.gov/portal/site/uscis/m...
They DO NOT need a lawyer. A lawyer will take about $2,500 of their money to fill out the same forms and prepare the additional information requested.
If she's been working in the United States. I hope she's been filing state and federal income taxes each year. There's a tax question on the form. If not, she's got possible trouble from the IRS in her future.
she wont be deported believe me
she didnt fall in love. She just doesnt want leave so she grabbed the first sucker that came along
I think they can get married then the husband should file for her permanent residence visa. I have a friend from Thailand who only visit US then fell in love and get married. And she is now an American citizen. She was able to get her parents also and they are now immigrants.
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