British Expatriate Network

If an Illegal immigrant marries a Legal immigrant can they then stay in the country legally or are they still at risk of being deported if found out? Also would it make any difference if the Illegal married a US citizen?

I am not sure on the difference between marrying a Resident Alien Vs a Citizen as to rights.

However, even if the Illegal Immigrant marries a CITIZEN he or she WILL BE DEPORTED. Here is why

The INS is very strict about the regulations regarding the Fiance visa and in ALL cases they require the non-USA party to be properly processed by the USA Embassy of their own country.

So, for example, person A has outstayed their welcome in the USA and marries a US Citizen; as soon as they present themselves to the INS to regularise the matter, the INS will deport person A back to their own country.

Person B (US Citizen) will be then required to sponsor "A" under the Fiance visa scheme (as if they were not yet married). Once the INS approved the application in the USA, they would forward the paperwork to "As" country embassy and they would send "A" forms to complete pending a background check and interview.

On the day of the interview the INS at the Embassy approve/deny the application, and if approve issue "A" a one-entry visa to the USA.

Having entered the USA "A" would have 3 months to marry "B". However, since they are already married, they would immediately file for "Conditional residentent" status.

Thereafter, once two years is up you file an I751 to have the "Conditional" status removed.

Trust me - when I was processed for my visa, I met two married applicants deported for not being processed in the UK prior to marrying.

Hope this helps.

A Permanent Resident (Green Card holder) can sponsor an immigrant for a Green Card ...but this takes about 6 (!) years. Much better to get engaged (get a fiance visa) & then marry a citizen - this is the highest priority category for a Green Card - takes about a year (see INS website for current waiting times..)
However...you have to be out of the US & go through due process to get the fiance visa while in your home country. A period of illegal residency /visa overstay would damage your chances...so I suggest you leave via Canada!

my situation was similar, although i did not have the fiance visa , i met my hub-to-be here whilst visiting on holiday, alot of back and forth visits by both of us ,over 14 months(v.expesive)!!Decided we wanted to be married, he did not want to move to U.K so we decided that i would come here,,we then set about planning wedding,,his family wanted to go all out,,not me ,just my mum and dad came,anyway, i came back here after tying up loose ends there,(house,dogs,family stuff)2 weeks later got married went on honey moon,came back and started to process papers .We went through our local congressman(v.helpful)when we went for interview we got the proverbial slap on the wrist for not having the fiance thing!!things pretty much rolled along from there,conditional res for 12 mths,perm after that ,also my eldest child was brought into this marriage, which complicated things a bit,as i think they thought i was kidnapping him!!i totally understand this, i guess it does happen,any way thats that,Now i`m going through a divorce and have to wonder if it was worth it , sad I feel that i`m stuck here now as we did have another child together.Anyway ,think things through really carefully,i hope this helps...if i can offer anything ,it would be to get in touch with conressman/woman for your area,they have liason people in INS, and they were more than helpful.
suzi smile

I work with someone (born and bred American) who married an "illegal immigrant". She'd been working in the country for 5 years without a visa. When they got married she was not deported. However, they made her wait 2 1/2 years before she got her green card (or whatever it is). Hence she was prevented from going back home for 7 1/2 years. Seems punishment enough to me.

Not true. First of all every person who enters the U.S.A. legally is entitled to due process if they have overstayed their visa. No one who enters legally is summarily deported. Never happens.

An illegal immigrant then marries a U.S. citizen. Then the couple go through the process at INS of proving that they have a legitimate marriage - that they did not marry just so that the illegal immigrant can remain in the States. If the INS accept the validity of the marriage, due process continues and the resident alien card is eventually issued.

BTW, most illegal immigrants in the States are stayovers (expired visas) rather than people coming illegally over the bords.

Englishman-NOT TRUE about been deported whatsoever.
I overstayed my I-20 big time. Married an American citizen and began the process. I was allowed to stay here. Had my work authorization within 3 months and a conditional residency at the end of 1 year. As long as you can prove you filed joint taxes prior to your application and it is a ligit marriage, you will not be seperated from your husband/wife. Also, have two mates that were in the similar situation and same deal with them. Regarding marrying a permanent resident, it is the same deal but it does take approximately 1 1/2 years longer, and that was quoted from an immigration lawyer.

I stand corrected.

When I was interviewed I was sitting with two brits already married to US citizens who were sent back pending processing in the UK. But this was back in 1995.

<font size=-1>[ This Message was edited by Englishman on 2002-03-22 1834 ]</font>