Marrying an illegal immigrant?
Answer:
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Marriage to a Citizen - Overstay
Available to Overstays. Marrying a citizen will allow you to adjust your status without returning to your home country only if you are an Overstay. You will be able to apply for work authorization along with your 'green card' application. This is a common way for an Overstay to 'legalize'. If you are EWI, you generally cannot adjust your status through marriage to a citizen without first returning to your home country. Someone who entered at a border station or airport, but committed fraud can adjust status without leaving the country, but you will have to file an in-country I-601.
Marriage to a Citizen - EWI
Available to EWIs. If you are married or engaged to a US citizen, the process of legalizing almost always involves a trip to your home country. Your US citizen spouse or fiance(e) will file paperwork on your behalf and you will be called to an interview at the US consulate in your home country. Depending on how long you were unlawfully present in the US, you will probably be asked to apply for a waiver of excludability/inadmissibility. This application can take anywhere from two to eight months to process, during which time you will need to remain outside the US. But once it is approved, you may return lawfully and apply for a green card.
You'd have better chances getting a green card. If you are caught or they have suspicions, you'll have no chance of being let in.
We didn't just fall off the turnip truck - Please show more respect to this country and the laws.
usually takes 3-4 months for the visa if handled correctly. Unfortunately, problems do occur even when the petition is perfect. A problem at the USCIS (former INS) can delay your petition 3 months or longer and a problem at the Embassy can delay the application 6-12 months. If such a delay occurs you want to have someone representing you who knows what to do and how to do it in order to keep the delay to a minimum.
Have they be caught as an illegal immigrant?
If not, and they have someplace to claim as their residence in their country of origin, file for a fiance visa using that residence.
Though you are better off having her go back to the country of origin because if they figure it out, they may just ban her from the country.
Yes, except 'immediately' is usually several months.
If that person arrived here legally and then lapsed into the "overstay" status then there's hope. That person doesn't even have to leave the country. You get married first then file an I-130, I-485 and I-765 all at the same time.
If that person arrived here illegally, that is "uninspected" there's not much hope. That person will be subject to a ban of up to 10 years. There is an appeal to the ban that you can file, but it's a long-shot.
It depends. On case by case basis.
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