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The person can file for permanent residency, but being married does not assure that it will be granted. Even marrying a U.S. citizen does not guarantee that the spouse will be granted citizenship, permanent status or not be deported. For more specific information pertaining to the issue at hand visit

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โˆ™ 2005-11-19 03:05:59
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Q: Can someone currently in the United States on a tourist visa become a permanent resident and petition to change her status if she marries a guy with either a white card or green card?
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Related questions

If a permanent resident marries a woman from another country can she become a legal resident too?


When a permanent resident with a valid green card marries a girl who is on a student visa what is the process for her to become a legal U.S. resident?

From what i understand the U.S. legal resident would first have to become a naturalized citizen and then he could begin the petition of asking for his wife. I do not believe that a person w/ a green card, even if valid, can ask for an immigrant. Actually, a permanent resident can file a petition for his or her spouse, but from what INS told me, it takes 2-3 years at best to get the petition approved. However, if the permanent resident became a naturalized citizen first, it would only take 6 months or so to get the same paperwork approved. >>short answer>>> get you citizenship first, then petition for her,.. it's faster>>

If you are a Russian citizen marrying a Canadian citizen how long will it take to be a permanent resident?

Once a person from another nation marries a Canadian citizen, he or she becomes a permanent resident. The process takes approximately 50 days for the paperwork.

What is the legal residency status of a foreigner who marries a US citizen during a visit?

You must immediately apply for a permanent resident status.

If a foreigner marries a US citizen of the same sex in Vermont can the foreigner obtain US permanent resident status?

Yes. Effective June 26, 2013, an American citizen may sponsor a foreign, same-sex spouse for permanent resident status.

Can a Canadian citizen live in the us if she marries a permanent resident alien of us?

Yes, but it will require the person to return to/wait inCanada for a spousal visa to become available. That should take about 2 1/2 years when married to a permanent resident. When marrying a permanent resident, you CANNOT stay inside the US while waiting for a spouse visa/green card during that time.

What will happen if an alien with a waver visa marries a permanent resident in USA and then stays as an illegal?

The resident would need to wait until becoming a US citizen until filing for residency for the illegal alien spouse.

Can an alien who marries a US green card holder apply for a US green card?

Lawful Permanent Residents who got married beforeobtaining a Green Card are not required to file an Immigrant Petition on behalf of their spouse (or any children born before becoming a Lawful Permanent Resident). A spouse and eligible children of a Lawful Permanent Resident in this category may apply for a Green Card without having an approved Immigrant Petition. This process is known as "accompanying" or "follow to join." Lawful Permanent Residents who have "adjusted" to Lawful Permanent Resident status in the U.S. must file Form I-824, Application for Action on an Approved Application or Petition in order to notify the appropriate consulate that their spouse will "accompany" or "follow to join.Lawful Permanent Residents who got married afterobtaining a Green Card must file a Form I-130 Immigrant Petition on behalf of their spouse in order to sponsor them for Lawful Permanent Resident (Green Card) status.A U.S. permanent resident green card holder can petition to immigrate a foreign spouse. However, there is currently a 3 year freeze place on the file before the foreigner is allowed to "apply" for a green card. The purpose of freezing the file is to prevent one foreigner who is new to the U.S. from reaching back to the home country and immigrating all the family members: spouses, parents, adult children, etc. Sometimes, it is quickest for the LPR spouse to apply for U.S. citizenship in order to avoid the 3 year delay in case processing. It helps for you to apply for U.S. citizenship at your nearest opportunity. In the meantime, it can be acceptable to start the initial petition process to immigrate the foreign spouse.Although I (Allan) am an immigration attorney, the information above is general in nature and is not intended to be relied upon as legal advice in any particular case.

If a permanent resident marries a US citizen can he still be deported?

Yes, all persons who are not "natural born" US citizens are subject to deportation when it applies. Even naturalized citizens can be deported, although the process differs depending upon the amount of time the person has held permanent resident or citizenship status.

If a citizen of Canada marries a US citizen will they automatically receive US citizenship?

No. Marrying a US citizen does not automatically confer permanent resident or citizenship status on any foreign national.

If a foreigner who originally came on a work permit but overstayed it by 2 plus years marries a citizen can he get a greencard or citizenship?

Yes. He can adjust status to that of legal permanent resident without leaving the country.

If a non legal resident marries a legal resident does that make that person legal?

Yes, If a non Legal resident marries a Legal resident,he or she are judged to be Legal resident of that country. They can have their Spouse VISA.So that can make them live happily and together forever.

If a US citizen marries a Philippine resident in Jan '08 and then returns to the US can the new wife join her husband in the US just by buying a ticket?

No. Any non-citizen who intends to reside permanently in the US, whether or not married to a citizen, must obtain permanent resident status.

If an illegal immigrant marries a woman who has legal status and they have a child will the father then have legal status?

No, marrying a US citizen or a permanent resident does not grant the illegal immigrant legal status regardless of whether there is a child involved or not.

Does a permanent resident with a valid green card become a U.S. citizen if he marries another U.S. citizen?

No, they would still have to apply for citizenship under the established laws and meet all requirements for becoming a U.S. citizen.

Can 8 years stay in US eligible for applying a green card?

If an immigrant has an expired visa then that person can upgrade to permanent residence within the US but if not then he needs to file with the American Embassy in his country meaning going back and staying during the process. Any stay over 5 years qualifies for a 10 year ban but if that person is married then they are eligible for the waiver of hardship. It's best to discuss options with a immigration attorney because every case is different. For example, a friend of mine qualifies to became a permanent resident under her now legal resident mother because her mother petitioneed for her long ago when she was a teen in the US illegally. This grandfathers her now under this petition because the petition was filed before a certain date but if she marries then it is void.

If an illegal alien marries a US citizen can they gain permanent residence legally or obtain a green card?

yes it is true that they can gain permanent resident and a green card and possibly become a u.s. citizen them selves but will have to pay a hefty fine for illegally entering the country. but no jail time will come of it. only a fine.

What is penalty for marriage fraud if US citizen marries green card holder?

If the marriage was purely for the purpose of obtaining a Green card and if the USCIS comes to know of it, then the Green card will be revoked. The person will get to lose the legal permanent resident status.

How long does it take to get a citizenhip if you are married to a us citizen?

The person who marries the US citizen should first become a permanent resident before moving on to file citizenship application. They must have maintained the status of a permanent resident for at least 3 yrs. So only after this time can they apply for their citizenship. It is not easy to get US citizenship. The only advantage of applying for citizenship after marrying a US citizen is that the continuous residence criteria gets reduced to 3yrs.

If a US citizen marries an illegal can they become a citizen or a legal resident even though they have a criminal record?

No, marrying a U.S. citizen does not automatically convey permanent residency or citizenship. The proper procedures for obtaining resident status will need to be followed by the non-citizen, the issue of a criminal record may play a significant part in a decision by the USICS. (

If a person who entered the US legally and does not have a green card yet marries a permanent resident or a green card holder does he or she also get the a green card?

No, you have to wait till your spouse will get US citizenship or if you are working for a company and they ned your skills they can employ an immigration lawyer who can get one on for you.

How long does it take for an illegal that marries a resident to get a social security card?


If a permanent resident of the US marries a US citizen will they automatically become a citizen?

No. There is no longer "automatic citizenship via marriage". You must apply for citizenship under the proscribed laws. You may however qualify for 2A Family Prefererence category, which shortens the time (a little).

When an illegal without inspection marries a US citizen how long must he wait before visiting Mexico and still be able to return to America without hassles?

Until he/she gets his/her "green card." Not only having the application in process, but the actual "green card." Sometimes the immigration service (USCIS) will not let you go out the country while you have not received your "green card." If you did not submit your petition for LPR (legal permanent resident)on or before April 30 2001. You do not qaulify for LPR based on your marriage to a US citizen.

If a permanent green card marry a US citizen veteran do you automatic become us citizenship?

No, you do not.Marrying a US citizen never automatically makes you a citizen- however, it does speed up the process if you are trying to naturalize. Normally, a legal resident has to wait 5 years before they can apply for US citizenship; if a legal resident marries a US citizen, this is shortened to 3 years.