Citizenship and Marriage
Green Cards

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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2005-11-19 03:05:59
2005-11-19 03:05:59

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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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>>

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.

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

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

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.

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.

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.

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.

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

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.

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

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.

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

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.

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.

The Mexican must apply for Resident Status and after 3 years of being a Resident Alien they can apply for Citizenship.

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.

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.

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. (

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).

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.

A permanent resident will be able to apply for citizenship after 5 years of living in the US. Getting married usually helps with citizenship for people that do not have permanent resident status. After getting married there still is a wait period of about 5 years. In the case of the a permanent resident there is not much that will change. If one has a driver's license, SSN, etc. The only difference will be applying for the actual citizenship at the end of the wait period. For more information on applying for citizenship see the INS website - Not 5 years. After you get a green card you have to continue living in the U.S for at least 7 years, after that you can aply for a American citizenship. ANSWER: Actually, what really helps you to be married to a US Citizen is that instead of th 5 years of continuous residency in USA that the law request after becoming a Permanent Resident, is reduced to 3 of marriage with the same US Citizen, which is more helpful for people that entered USA with a Visa, marriege to a US Citizen and after those 3 years, he can become a US Citizen and that's the Law.

If a foreign person marries a resident of the United Kingdom, the couple are required to remain married at least four years. After that period of time, if the foreign spouse is also able to pass the UK Citizenship Test, he or she will be given an indefinite leave to remain, and become a permanent citizen of the United Kingdom.

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