Getting Married While Out of Status

F

futurediplomat

Registered Users (C)
Before I proceed, I just want to say that I am extremely disappointed at the unnecessary harshness with which some of you are reacting to me on here even though my questions are sincerely genuine and I really would like to know the answers. I strongly believe that I have the right to ask questions on here just like everyone else even if some people may not like the questions I ask or what I write. It's called freedom of expression. I was shocked to see someone going as far as to ask that I get banned from here just for asking a question...as if I'm writing something that is obscene or offensive. If you don't like the questions I ask, please simply don't respond. There's no need to be rude or personal. By the way, just so you guys who have been attacking me know, I have been accepted into a PhD program, so don't think that I'm writing here simply to seek ways to make my stay permanent in the U.S.


I would be grateful however, if a non-confrontational and open-minded person could provide me with an answer to this question. If your goal is to attack me, please don't respond. If an out of status foreign national gets married to a U.S. citizen, does that automatically clean his or her record or does the person have to go back home and wait for a year or two while the paper work is being processed? And please, I'm not forcing anyone to respond. I could always go somewhere else to find answers to my questions if these personal attacks continue.
 
There is no record cleaning process with USCIS. If you are out of status you will get GC on marriage to USC. You need not go to home country. Do not leave US, as you will be barred for upto 10 years. If you entered US without inspection, i.e. across the border etc.., then there will be some more forms to fill out depending on your situation.
 
If you enter without inspection or visa you wont be able to adjust your status unless you have the 245 protection.
If you enter the US with visa or inspection you are ok
 
An overstay/out of status is forgiven if you marry an USC.

IF and ONLY IF, it is determined by USCIS with sufficient EVIDENCE that you did not marry to avoid immigration laws.

*cough*
 
It's no big deal to marry while out of status. I divorced and remarried within days, and I already have my 2nd EAD. AND I WAS OUT OF STATUS. The USCIS isn't as big and bad as they want you to believe. :)
 
Re:

I appreciate all of your feedback, guys. Thank you very much. I did come into the U.S. under a student visa and I was just curious. Thanks again.
 
Just for the record, people did not attack you because you are out of status. You got grief because you clearly indicated that you are willing to enter into a "marriage of convenience" to get a green card.
 
Triple Citizen said:
Just for the record, people did not attack you because you are out of status. You got grief because you clearly indicated that you are willing to enter into a "marriage of convenience" to get a green card.
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Yep, it was only to help you. So you don't get barred in future forever for taking what seems right now like a sweet and short path to permanent residency.
 
just my 2 cents: GC thru marriage is not easy either. Unless there is a genuine bond between 2 people, the USC spouse can always go to uscis and said that the foreigner confessed he/she married just for papaer and GC will be revoked.
I have been married for 1 year and lived with my husband for 4 before that. Marriage is very hard, and if you had the stress of GC is even harder.
 
He is ALLOWED by the USCIS to get married to obtain a green card, but it cannot be his SOLE reason for marriage. If he likes her and needs a greencard, the USCIS will not BAR him for life! That's ridiculous! People get married two or three times and still get greencards. I'm proof. :)

Get your fact straight before posting -- it's a broken system right now.
 
techbuyer77 said:
the USC spouse can always go to uscis and said that the foreigner confessed he/she married just for papaer and GC will be revoked.
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Is that true? it may be during the first 2 years of conditional residency.

But what about when the alien receives a 10 year LPR ?

It doesn't sound right. :cool:
 
well, i dont know, my friend married a guy from her contry and they fought and then she called uscis and told them he was with her for papers.
 
and what happened? she could get in trouble herself, because he could say she agreed to it... and be held for perjury or something...
 
for the first marriage. where you a conditional green card holder?

FMR75 said:
It's no big deal to marry while out of status. I divorced and remarried within days, and I already have my 2nd EAD. AND I WAS OUT OF STATUS. The USCIS isn't as big and bad as they want you to believe. :)
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for your first marriage, were you a conditional green card holder? mine expired, and since my ex husband and i were no longer together (i was young and naive) i did not file due to financial difficulties. couldn't file for a divorce, couldn't hire a lawyer, couldn't afford to remove conditions… now that i am a little bit more mature, i married my husband. he is also a US army, we have one child, and expecting another one, i was wondering if he can file a petition for me. thank you. your answer will be greatly appreciated.
 
ma.zaragoza11 said:
for your first marriage, were you a conditional green card holder? mine expired, and since my ex husband and i were no longer together (i was young and naive) i did not file due to financial difficulties. couldn't file for a divorce, couldn't hire a lawyer, couldn't afford to remove conditions… now that i am a little bit more mature, i married my husband. he is also a US army, we have one child, and expecting another one, i was wondering if he can file a petition for me. thank you. your answer will be greatly appreciated.
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This is a really old thread. Anyway, how did you enter the U.S.?
 
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