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A U.S. citizen can file a petition to legalize the status of an illegal wife. The word, "illegal" is not clear. Normally, most use this term to mean that the foreigner entered the U.S. without inspection by sneaking across the border into the U.S. If this is your situation, then there is almost nothing that can be done to help legalize the wife's status in the U.S. based on marriage while remaining in the U.S.

In most cases, a petition must be filed and then at some point the foreigner must depart the U.S. and try to obtain a spousal visa from the home country. However, when the wife departs the U.S. she will normally trigger a bar due to unlawful presence in the U.S. A waiver application must be filed to try and lift the bar and bring the wife back to the U.S. legally.

Bar waivers are difficult to obtain. The large majority of bar waivers at overseas consulate posts are denied, so it becomes important to carefully consider whether to try and legalize the foreigner before filing anything with Immigration services.

There are some exceptions where the foreigner does not need to depart the U.S. in order to become legal. Examples would be:

1. The U.S. citizen is in the military, normally in active duty.

2. Someone filed an immigrant petition on behalf of the foreigner prior to April 2001.

3. The wife is subjected to spousal abuse or is the victim of a serious crime.

4. The wife qualifies for political asylum, refugee status, or temporary protective status due to problems in the home country.

If the foreigner entered the U.S. legally on a visa, then there is a good chance the foreigner can remain in the U.S. and be put into status based on marriage. Whether this is possible depends on the type of visa and manner of entry.

If the foreigner must depart the U.S. in order to become legal and a bar applies, there is the possibility of waiving the bar if it can be shown the U.S. citizen is unable to reside outside the U.S. with the foreign spouse.

If you are married to an illegal alien in the U.S., you should seek assistance from a qualified immigration attorney to find out what may be possible. The information above are general guidelines only that should not be relied up as legal advice.

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12y ago
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12y ago

Answer: If she have lived there in menny years then she can take a test to become legal.

If not then you need to move to Brazil with her, marry and live there. I think..

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12y ago

Don't propose to her in front of the cops. Ask her if you can marry her at a ROMANTIC place or somewhere this girl enjoys.

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Q: How can I marry my illegal girlfriend?
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