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Can I Marry with an Illegal Immigrant as If I Was Marrying a U.S. Citizen?


Question:

My boyfriend and father of my child is an illegal immigrant. He came to U.S. by crossing the boarder. We want to get married, but are not sure exactly how to go about it. Can we get married just as if I was marrying a U.S. citizen? And if so, what papers would we have to file afterwards to get him started on a work visa and Green Card?

Answer:

You can marry your boyfriend in U.S. When you both go apply for your marriage license, and the city/town officers ask him for his SSN, just tell them that he does not have one. After you get married you can file the Green Card application paper work by yourself or go through an immigration lawyer. They can be expense, you just have to find one that has a reasonable price. Most of them will meet with you and your husband for a free consultation.

An immigrant who has lived in the United States unlawfully and then leaves the country for consular processing risks being penalized for the illegal stay by being forbidden from reentering the United States for three to ten years, or perhaps permanently. 

It may be possible to file for a waiver (on Form I-601) allowing an earlier return, but definitely seek legal advice before relying on this strategy. The spouse of the illegal immigrant must show that he, she, or their children will suffer hardship if the immigrant is refused reentry.



 
 


 



 

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