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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".

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โˆ™ 2006-04-06 13:09:08
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Q: How can a spouse who was in the U.S. illegally at the time of the marriage obtain legal status?
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What is your status if spouse abandons marriage?

"its complicated" Single


What are the requirements to obtain green card in US through marriage?

If alien spouse has entered US through fiance(e) visa, then he/she should have got a conditional status after marriage which is valid for 2 years after which the spouse needs to adjust status to permanent residency (green card holder) status using Immigration Form I-485.Adjustment of status is only possible if they are still married and living together. 2 years period is to prove that the marriage was in good faith with no motive for immigration gains.


You are visiting the US and you want to get married to a US citizen what do you need?

If you are young you need proof of age. Otherwise, you need identification and a marriage license. If you intend to live in the US with your new spouse, you will need to alter your immigration status, and as part of that process you and your spouse will have to demonstrate to the satisfaction of government officials that your marriage is real and not a sham entered into simply for you to obtain legal resident status.


Can you get married if your previous marriage was not dissolved?

No. Marriage is a legal status. You need to obtain a divorce to marry again.


Can a legal citizen obtain legal status for a spouse if he is here illegally?

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.


How do you apply for sponsorship in a same-sex marriage between an American and a Canadian?

Either spouse may sponsor the other spouse for permanent resident status.


After a US citizen and a foreign national on a tourist visa obtain a marriage license can the foreign national apply for a 'green card'?

No, the couple would need to become legally married, the citizen spouse would need to apply for a change of status for the non citizen spouse. If it is granted the foreign spouse would be allowed to remain in the US and after having been married for two years could apply for permanent resident status.


Can a US citizen married in Ecuador to a Venezuelan citizen with a tourist visa travel to the US legalize their marriage and obtain the Venezuelan spouses resident status?

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


Can a non divorced person have a civil marriage ceremony to someone else?

No. Marriage is a legal status. You need to obtain a divorce to marry again.


If you have been in the US for 7 months and your visa has expired but you have plans to be married to a 'green card' holder how long will it take to obtain a Social Security number?

A foreign national cannot obtain a US Social Security number without proof that he or she is within the US legally. The issue of the pending marriage to a permanent resident of the US, is not relevant, as marriage to an individual with such status or a US citizen does not automatically confer residency rights to the foreign spouse. In addition those persons who are found to be illegally will not be allowed to marry, be employed, etc. and will be deported to their country of origin.


Are you still legal when marriage ends?

If sponsored by a spouse, who is a U.S. citizen or permanent resident, an alien may obtain permanent resident status through the use of a petition naming the alien as a direct beneficiary. Marriage is the tool by which this is done. However, if the marriage is terminated through divorce or annulment before permanent residence is granted, then the alien will not be eligible for permanent resident status by this affiliation. So the answer to your question depends on whether or not you completed your immigration status, if so then you will be seen as a legal resident.


How can a illegal living in America obtain child support from spouse living in Canada?

Citizenship status is not a consideration in establishing an obligation in the US.


In the state of Ohio if a spouse dies in a legal common law marriage performed before 1990 will the surviving common law spouse receive what the deceased spouse wishes in the legal will?

Yes. If the will is allowed the common law spouse will receive their devise under the will regardless of the status of the marriage. If the decedent died in Ohio without a will, or intestate, the surviving spouse in a common law marriage perfected before October 1991 would receive a spouses share under the laws of intestacy.


Which woman is the legal spouse in polygamy?

The first spouse with a legal marriage license is the only one considered legal. Number two cannot get legal status as long number one is alive.


Can a student visa holder marry an American?

Of course they can. You would maintain the same status until you took the steps after marriage to obtain some form of permanent residence, if that is what you want. You would have to apply for adjustment of status through marriage.


Is it possible for two illegal aliens to obtain a marriage license in Tennessee?

Yes, it is certainly possible to do so. It will not change their status.


Is marriage license legal if husband is illegal?

The license is legal if the application was filled out properly. However, the issuing of a license will not change the status of the husband, he remains in the country illegally.


Can your ex spouse and you file as married when we were divorced in October of 2011?

No. Marriage status is determined by your status on the 31st of December. The last year you would have been able to file as married would have been 2010.


In California how long does an illegal alien have to be estranged from his wife before it is deemed abandonment and in case of her death is he entitled to any parts of her estate?

The issue of the absentee spouse being an illegal immigrant is irrelevant in regards to the situation cited. California is a community property state and that can cause some very complicated issues in this type of situation. Abandonment of a spouse under CA. law is considered a criminal offense. That only applies if the absentee spouse was able to provide for the abandoned spouse yet left him or her in a position of destitution. Meaning the abandoned spouse did not have or a means to obtain,food, shelter, medical care, and so forth. For example if the abandoned spouse was employed or the absentee spouse did not have financial means to support said spouse the law would not apply. There is no "automatic" dissolution of marriage simply because one spouse disappears, so to speak. The law presumes the abandoned spouse could have, at any time, exercised his or her legal rights and taken steps to have the marriage dissolved. The matter is so complexed that the only sensible option is for the involved party to obtain legal advice as to the status of the marriage and what if any claim the absentee spouse may have.


Can you get your legal papers through marriage?

An immigrant must be legally present within the US when marrying a US citizen to be eligible to be sponsored by their citizen spouse for permanent residency. Persons illegally within the US do not qualify for permanent residency under any circumstances other than being certified asylee or refugee status.


How can you get your citizenship through marriage?

First, if the immigrant enter legally, yes. They can obtain legal status through marriage. If enter illegally, sorry, wont happened. However, you can retain a very expensive attorney who will probably say he/she can do it. But not explain that you must return home with a possible banned to the US of a year, if in US 6months or less, and up to 10 years if you been in US 7 months or more.


Does Michigan recognize a Wiccan marriage?

No. Marriage is a civil legal status and you must obtain a civil marriage license in order to get married legally. You might inquire if your chosen official could be licensed by the state to perform the marriage. Many states issue one day permits for civilians to perform the marriage ceremony but you must obtain a marriage license which the person who performs the ceremony must sign. Any special permit should be attached and the signed license must be returned to the issuing authority.No. Marriage is a civil legal status and you must obtain a civil marriage license in order to get married legally. You might inquire if your chosen official could be licensed by the state to perform the marriage. Many states issue one day permits for civilians to perform the marriage ceremony but you must obtain a marriage license which the person who performs the ceremony must sign. Any special permit should be attached and the signed license must be returned to the issuing authority.No. Marriage is a civil legal status and you must obtain a civil marriage license in order to get married legally. You might inquire if your chosen official could be licensed by the state to perform the marriage. Many states issue one day permits for civilians to perform the marriage ceremony but you must obtain a marriage license which the person who performs the ceremony must sign. Any special permit should be attached and the signed license must be returned to the issuing authority.No. Marriage is a civil legal status and you must obtain a civil marriage license in order to get married legally. You might inquire if your chosen official could be licensed by the state to perform the marriage. Many states issue one day permits for civilians to perform the marriage ceremony but you must obtain a marriage license which the person who performs the ceremony must sign. Any special permit should be attached and the signed license must be returned to the issuing authority.


Can a student with a student visa get married in the US?

sure you can, and then you get to stay here as well. Yes, but marriage does not automatically confer permanent resident status or citizenship to the foreign spouse.


Can you get deported if you have a criminal record?

It depends on your naturalization or citizenship status. Generally you will not be able to obtain a green card if you have a criminal history. These days, the laws are changing to also include entering the country illegally.


How long does it take to become a citisen after getting a green card by marriage?

After marriage to US citizen the alien spouse gets conditional resident status with 2 years validity. To remove the conditions on residence 90 days before conditional status expires Form I-751 should be filed and so spouse gets permanent residence status or green card. After three years as a green card holder Form N-400 should be filed for naturalization following which he/she becomes a US citizen.