I would like to state that I am in no way trying to commit fraud and our relationship has reached a point where we have discussed marriage before. I’m in a bit of a pickle. You see, my girlfriend of three years may possibly be deported within the near future. She entered the US illegally at a young age and managed to qualify for the dream act. It gave her a SSN, alien number, and a work permit. She is a student who has a job. She was to renew her dream app but through some shenanigans that I won’t get into, she may be denied and may be deported.
So since we’ve been dating for several years, I am considering marrying her to prevent her deportation (that would really suck for me). I’m just not at all sure of how to go about it. Since she is a documented alien and has been forgiven for illegally entering the US.
I guess if you could link me towards any relevant documentation and give me any advice that would be great. Would I need to fill out any special forms?
I’m really at a loss as of where to begin.
Paging Eva Luna.
She really needs to hire an immigration lawyer. I got a green card (and eventually citizenship) through marriage. I had none of the complicating factors your girlfriend has, and it was still a long and arduous process. I found it worthwhile to have a lawyer handle the paperwork and advise me through the process.
here’s a better question I’d like to know the answer to.
Can women in marriages like this sign a pre-nup before hand, and it’s honored by the courts later (to the extent that pre-nups are honored)? Would it be invalidated because she’s a foreigner when she signed?
You should definitely be consulting a lawyer. Not only for the process but also to make sure that what you’re planning is not illegal. If, as you state, you’re marrying her just to prevent her deportation then the marriage might be considered fraud.
Why in heaven’s name would be be invalidated? Are there jurisdictions in the US where foreigners are considered to lack contractual capacity, like children and the mentally incapacitated?
I have no advice for the OP, but I will mention that I just discovered the TLC show called “90 Day Fiance.” Apparently there is such a thing as a K-1 visa that allows a prospective spouse entry into the US for 90 days, during which time nuptials must be carried out in order to allow the foreign spouse to stay on. The show follows several couples in that 90-day period as they try to decide whether marriage is right for them.
Moderator Action
This seems to involve advice and legal issues, and is therefore better suited to IMHO.
Moving thread from General Questions to In My Humble Opinion.
Definitely get a lawyer at least.
Whatever shenanigans happened will need to be addressed and a lawyer will know the best way to handle any situations that pops up.
Fifthing, or whatever, the advice to see a lawyer, definitely one specializing in immigration. It’s impossible to know what can be done for her without knowing all about the “shenanigans” in her case. The complicating factors are really, really important - I cannot emphasize this enough.
Eva Luna, Immigration Paralegal
ETA: no matter how real and solid the marriage, it may not be able to fix everything, depending on what the “shenanigans” are. If you tell more, I may be able to give better guidance. Feel free to PM me - and if you tell me where you are, I may be able to refer you to a reputable local attorney.
Can you give me any advice on the experience? How long did it take? We will definitely go about getting an Immigration lawyer.
Yeah I’d be more than a little worried if it were interpreted that way. We have talked about it before, but its just a bit more pressing now. Although I’m not sure if you have to give any evidence to prove the validity of the relationship.
Mostly the shenanigans in question were some mishandling/mislabeling of the cluster of forums she had to send in due to a lack of communication with her current lawyer. Her renewal of the dream act actually hasn’t been rejected, we are just planning worst case scenario.
Mostly, my biggest concern is how/if the dream act would affect the process in a positive or a negative way.
How long has she had her lawyer? Has she brought the possibility of marriage with her lawyer? It seems to me that is about the best resource you have right now.
Were your past discussion of marriage lengthy serious discussions? (Instead of ‘what if’ type conversations)
A decade or so ago I knew a couple who went through this. She was from the States, he was from the UK. The entire process (for them, anyway) took a decent amount of time and cost them several thousand dollars. Something to consider. Good luck! I hope everything works out.
It’s been a few years so I’m not sure how much things have changed. I recall it took me a few months just to put together the application, mainly to get all the required documents (proof of residency from my home country, tax receipts from the IRS, documents to help prove that our marriage was legitimate, etc). And almost a year until the application was accepted (during which time I had to go in for an interview, fingerprinting, etc). Also, if you get a green card by marriage, you only get a “conditional” card - i.e. it becomes invalid if the marriage ends. After a couple of years you can apply to remove the condition. And another year till you can apply for citizenship, IIRC.
I was mostly worried about fraud, unlawful entry, or criminal issues. But you should still talk to a competent lawyer. There is no way to know how any immigration reform will affect your situation unless and until it gets through Congress and becomes law. Anyone who tells you otherwise is full of crap. Good luck.
First IANAL. I am going through getting my fiancée through the immigration process and parts can be grueling.
Very broadly, it helps to understand that some types of non-immigrant visa status do not permit the applicant to change that status to an immigrant visa status. So you cannot generally enter on a tourist visa and file paperwork to change that to an immigrant application upon marriage.
But some non-immigrant visas (classically a K1 fiancé visa)do permit the change to an immigrant visa. The process of applying to change to an immigrant visa status is known as applying for an Adjustment of Status.
The OP has referred to the dream act. Actually the DREAM Act never passed Congress. Probably the OP is referring to DACA (Deferred Action for Childhood Arrivals) which was implemented by executive order by President Obama.
Whether (and how) a DACA recipient is eligible to apply for an Adjustment of Status is what an Immigration Lawyer can hopefully clarify.
Well, yes and no. The main issues to overcome, in addition to documenting that the marriage is bona fide, are whether the person’s last entry to the U.S. was lawful (with certain limited exceptions), and whether the person has any past criminal history or immigration fraud issues. One should tread very carefully here.
Is it really fraud if people do get married? So what if they do it for the purposes of getting a green card? You don’t have to justify your reason to get married to anyone. If people want to be married to get citizenship, I say let them
You do need to justify to USCIS that your primary reason for getting married is to make a life together, not solely for immigration purposes. That’s the way it works in the U.S. and every other country I know of that allows marriage (or partnership-based) immigration. Immigration is allowed to be a reason, of course, just not the sole reason.
Ah! Yes I stand corrected I do in fact mean the DACA. I tend to confuse the two. And as previously stated to apply for the DACA she was forgiven of her unlawful entry of the US and has given evidence that she has been here since some date via school records.
Anywho I hope it’ll make things easier since shes documented and has a SSN, is working, studying and is paying taxes. Thank you guys for the helpful words. We will be sure to see an immigration lawyer sometime in the next two weeks.