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The illegal can get a green card after marriage. If they came into the country legally, and just over stayed there visit they can do that. If they came into the country illegally, then they might be better off leaving and going back home. Then they can get a fiance visa. They can then come back into the country and have 60 days to get married. This way it looks like they never broke the law or entered illegally in the first place. If they file for residency or green card while they are here illegally, they will most likely be deported and sent back home with little chance of filing papework to get back in, because now the US government knows the story. This way may cost more to go back home, but it's playing it safe. You risk not getting married if you file the I-103 i think the form is.

If caught after marriage, while still residing in the US illegally, The person is also liable for criminal charges of:

  1. Falsifying documents (Marriage licences state: Legally residing in...)
  2. Attempting to gain US Citizenship under false pretenses.
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13y ago
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12y ago

I'm not sure what answer you are looking for, but I can tell you what I have been through, so far. First of all, the papers process is a long one, and when you get almost done, you get a paper from them that says prove to us that you can support your entire household on just your income, that is 125% of the poverty guideline for the amount of people in your household. The illegal spouse is not allowed to work, so you have to prove that your family is not going to be a drain on the economy. Then, if you want to buy a house, car, or anything else on credit, you have to prove that your income is enough because no one will count his, at least mine because he earns cash, not checks, pays no taxes, etc, etc. Then there are more milestones. I cannot conceive, and we want a child so bad. Guess what? I cannot adopt or foster a child because I am married to an illegal alien. What's next? I don't know, but I'll be glad to add on whenever something else comes up. I can say that love is love, and if he or she is the ONE, then don't think about the set backs, go with your heart. It is the system I am upset with, and the fact that I was not told I was going to be losing rights when I married him. I would do it again though, because he is worth all of it. when you find a truly good one, hang on, even if the rope's on fire. Hope this helped. Katherine

AnswerIt depends of what kind of "illegal" he or she is.

If the alien entered without inspection, then no luck.

The law says that you can not get a greencard if you entered illegaly.

But if the alien entered with a valid visa and after a proper inspection, and then over-stayed, that kind of "illegal" is no problem. Also having worked without government approval is no problem too. As soon as the alien gets married to a US citizen, the alien can apply for a greencard.

Of course, there has to be no other illegal activities such as crimes or helping illegal alien trafficking.

If you are savy with paper work, you can do it on your own. But it is always a good idea to hire an Immigration attorney for these things. At least call around for free consulations. Some would offer 30 minute free consultations, some would charge $50-$100 for half an hour consultation. Go talk to some, you will get an idea what to do about it.

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16y ago

Loss of rights without signing a waiver of those rights. I married almost 4 years ago. I cannot adopt, foster, or have custody of children. I cannot get health insurance because he is not paid by checks, pay taxes, or have proof of income. I could not get into student housing because he has no ssn#. The process turns you into an illegal immigrant, too. At least I can sympathize with some of what he goes through. It isn't fair, I doubt it is constitutional, but I haven't explored that possibility yet. think well on it. Good luck, Katherine. None as long as the marriage is legal under the laws of the state in which it occurs and the marriage was not entered into fradudulently for the sole purpose of the foreign national becoming a citizen. Please be advised that marriage to a U.S. citizen does not automatically confer permanent resident status nor citizenship to the foreign national spouse. Due to more stringent enforcement of immigration laws it is quite possible the non citizen spouse could still be deported to their country of origin. Exceptions are made if a person qualifies as an asylee or refugee.

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17y ago

If charged and convicted both parties are subject to a maximum of 5 years in a federal facility and a maximum of a $250,000 fine. Once the imposed sentence has been served the foreign national will be permanently deported to his or her country of origin and the US citizen will have a permanent record of having been convicted of a federal felony.

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17y ago

It encourages more illegal aliens to come to this country and encourages more of them to continue to ignore other laws. When they come here illegally, they come without the benefit of explanation of and responsibility for our laws. Most of these people come from countries where laws are selectively enforced if at all, and contempt for law and police is common. When they come here without the benefit of supervision from ICE, they bring their attitudes with them. When a U.S. citizen marries an illegal and encourages MORE of them to come to this country illegally in hopes of finding THEIR free pass, it just encourages more of them to break our laws. The statistics are tragic. Innocent people are victimized by the illegals who either deliberately violate our laws or just believe that laws don't matter. Really, illegals are responsible for a statistically significant number of fatalities and injuries in DUI collisions, roberies, gang related crimes, drug related crimes and other violent crimes. But it isn't politically correct to discuss that fact.

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16y ago

when a illegal immigrant marries a u.s. citizen he or she becomes a u.s. citizen and does not have to return to his or her country

I don't think that it's entirely true. If you don't have any papers, then you can not become a US citizen UNLESS you have a visa or greencard.

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14y ago

Have the U.S. Citizen consult an immigration attorney in the U.S

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13y ago

The exact type of penalty for such crime is not being defined yet; but all of them are heavy.

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12y ago

depend on the situation

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Q: What happens when an illegal immigrant marryies a u.s. citizen?
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