Yre, you simply have to have your spouse apply as a Resident Alien with the INS. It takes some time and expense (fingerprinting, medical check-up, criminal records check in his country and here, etc.) but it must be done. After Green Card is awarded the spouse can apply for Citizenship after 3 years.
There is a misconception that marrying a U.S. citizen will automatically confer citizenship to the foreign spouse that however is not the case. The spouse will be given a different priority classification for obtaining permanent residency and/or citizenship, but the required USCIS procedures must be followed to apply for such status and the person must also qualify under the immigration laws. For example if the person has experienced legal problems such as a criminal felony conviction, marriage will not negate the affect it has on a USCIS decision. Information pertaining to laws governing an illegal foreign national' status can be found on the website of the United States Citizenship and Immigration Services, http://www.uscis.gov
child born abroad of american citizen
A US citizen has the right to remain in the United States. Marital status is irrelevant in this situation.
"My husband is an immagrant and i am a us citizen and we have been married for 2 years and have been toghether for three years how can i help him with his legal status in the US?"
You can. When your spouse applies for her dependent ID (which is what would give her access to the post you're stationed at), some very obvious issues are going to result from that. You would need to speak to an immigration attorney to see about getting your spouse's status legalised before you enlist.
The immediate effect is that the married couple now have no place in the world where they can legally live together. The solution is for one spouse to obtain legal immigration status in the other spouse's home country. Foreign spouses of citizens are usually given preferential treatment for immigration. That is to say, it is usually easier for someone married to a citizen to obtain citizenship, than for someone who is not married to a citizen.
You need to get application from INS and follow their instructions such as getting finger prints, medical check-up (by INS approved doctor) and mail it in with payment. It is a 6 month to 1 year process. * Citizen spouses can no longer sponsor and apply for permanent residency of non-citizen spouse if said person entered the U.S. illegally. Regardless of the marriage he or she will probably be required to leave the country and apply for reentry by use of the established USCIS procedures. There are a few exceptions to the law, such as the unlawfully present spouse being eligible for designation as as a refugee or asylee or a "derivative beneficiary".
It would depend on the circumstance,and the US Consul. However, they can obtain a K Spouse Visa, to come into the US to complete the resident process.Ê
No, he is no longer married to a citizen so no longer has citizen status; unless he has applied for and completed the citizenship process to become a citizen in his own right.
If the person is not your spouse, fiance, or a close relative, then you can't.
There are not laws that prevent a citizen from marrying a foreign national who is unlawfully present in the U.S. It is unlikely that an undocumented immigrant would have the identification required by state law, such as a SS#. Be that as it may, the citizen spouse would not be able to file an application for the non-citizen spouse's permanent resident status, because he was in the country illegally. The non-citizen spouse must return to Mexico and the required USCIS laws must be followed before he can legally reenter the U.S. United States Citizenship and Immigration Services, http://www.uscis.gov
You will have to file legel resident status like any other illegel that comes to the USA.
I would advise that they return home and attempt to seek immigration to the US through the legal alien immigration office and allow their alien ambassador to get them an alien American greencard. The non citizen spouse will be allowed to file for an adjustment of status. If it is not granted the non citizen spouse will still be allowed to use the established appeal process, he or she WILL NOT be automatically deported.
Sure, there are no restrictions on marriage. However, being married does not automatically change one's visa status or citizenship. Make sure you understand the requirements to become a legal resident so that you are not separated from your spouse by INS!
An international who is married to a US citizen can get his/her green card in the following manner. The US citizen should file in Form I -130 to sponsor the spouse. The Spouse should then file in form I-485 to adjust the status to that of a lawful permanent resident.
No, all you need to have is legal status in the u.s. And a ssn.
If either of the spouse is a US citizen and another is an alien, once they get married the alien is given the conditional status which is valid for 2 years. 90 days or less before the conditional status expires the US citizen needs to file to remove the conditions using Form I-751 for the alien spouse to get permanent resident status or green card. After three years as a green card holder and if still married the person can apply for US citizenship through US citizen spouse by filing Form N-400.