What happens if you marry someone without papers?
Asked by: Dr. Joseph Rau | Last update: April 9, 2025Score: 4.4/5 (1 votes)
After getting married, an undocumented immigrant becomes an "immediate relative" of their US citizen spouse. This relationship may mean that the undocumented spouse is eligible for a Green Card (also known as a lawful permanent resident).
What happens if you marry an undocumented person?
Actually, what often happens is if an undocumented person marries an American, in order to apply for that green card, they have to leave the country and ask for a pardon, and they can be separated from their family for years.
What happens if you get married without a marriage certificate?
The answer is the couple cannot be legally married without a marriage license present. If the Officiant performs the wedding ceremony without a valid marriage license they have committed a misdemeanor. So what can be done? The couple will have to have a commitment ceremony in this case.
Can I be deported if I am married to a citizen?
No, marriage alone does not protect you from deportation. However, depending on your case, it may open pathways to adjust your status or apply for relief.
What happens if you marry someone who is not a citizen?
Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www. uscis.
How Do I File For My Undocumented Spouse?
Can I stay in the US after marrying a U.S. citizen?
For more information, see Fiancé(e) Visas. After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can then apply for lawful permanent resident status in the United States (get a Green Card).
What is the 90 day marriage rule?
Under the 90-day marriage rule, if a foreign national enters the U.S. and marries a U.S. citizen or permanent resident within the first 90 days of being in the country, USCIS will presume the marriage to be a fraud and will deny a Green Card, claiming the applicant misrepresented his or her intentions in coming to the ...
Can you lose citizenship by marriage?
The Act of March 3, 1931 (46 Statutes at Large 1511), eliminated prospectively loss of nationality by a U.S. citizen woman solely due to marriage to a non-U.S. citizen husband.
What is the new law for immigrants married to citizens?
On June 18, 2024, DHS announced that certain undocumented immigrants who are married to U.S. citizens would be eligible to apply for parole in place.
Will I get deported if I divorce my husband?
Deportation can happen, but is uncommon
It is technically possible to be deported after a divorce. But for most couples, this isn't an issue that they have to worry about. As long as you had a legitimate marriage, and it ended in a genuine divorce, the government is not automatically going to deport you.
Can you be married without papers?
The short answers are: yes, elopements are very, very real and no, you cannot legally get married without a marriage license. But (yes, there's a but!)
What happens to a marriage that is not registered?
In most cases, you are still considered married without registering the license. For example, California law requires the officiant to return the marriage license to the county clerk or recorder within 10 days of the ceremony. If, for some reason, this does not happen, you are still married.
What is eloping marriage?
Eloping means that you forego a formal wedding and instead, choose to elope for the ceremony. It doesn't necessarily mean that you secretly run away with your partner without telling anyone. This is the notion some people still have when they hear about elopements.
Will I lose my security clearance if I marry an illegal immigrant?
The short answer: It's complicated but not impossible. While applicants must be U.S. citizens to apply for a clearance, a significant other's status can affect the process. Dating a foreign national generally raises fewer red flags than marrying one.
What to do if your spouse is deported?
If your spouse was deported because of the commission of a serious crime or a felony or terrorist activity, there is probably little you can do to help; at least, not without waiting until many years have gone by. Consult an immigration attorney.
Can an illegal immigrant become legal after 10 years?
Cancellation of Removal in Immigration Court
You have been in the US physically for 10 years or more; During that period, you've been a person of good moral character; If you get removed from the country, then it would cause hardship for your immediate relatives (given that they are permanent residents or US citizens);
What are the consequences of marrying an illegal immigrant?
While the goal of marrying an undocumented immigrant may be to secure legal status, the journey is not without potential consequences. Applying for legal status requires revealing the undocumented spouse's immigration status, which can trigger deportation proceedings.
What is the new law about immigrants in 2024?
In 2024, several states added new laws creating state deportation mechanisms and crimes defined entirely around being an undocumented immigrant present or entering the state, although these laws are for the time being held up in federal courts: Iowa, Louisiana, Oklahoma and Texas.
Can you be deported if you marry an illegal immigrant?
Yes, it is possible to get removed and deported even if you marry a U.S. citizen.
What happens if you marry a non citizen?
Marriage to a foreign national does not affect the green card holder's status. However, the foreign spouse would need to go through the appropriate immigration process, such as obtaining a visa or adjusting their status, to join the green card holder in the United States.
What are three ways you can lose your citizenship?
- Run for public office in a foreign country (under certain conditions)
- Enter military service in a foreign country (under certain conditions)
- Apply for citizenship in a foreign country with the intention of giving up U.S. citizenship.
What happens if you marry a U.S. citizen and then divorce?
While your divorce may not affect your immigration status, it will affect the time you must wait before applying for your naturalization. Because you are no longer married, you will have to wait 5 years to apply, versus the 3 years if you were still married.
Are you automatically a U.S. citizen if you marry an American?
To be eligible for U.S. citizenship through marriage, you must have been a lawful permanent resident (green card holder) for a specified period. Typically, this requirement is three years if you are married to and living with the same U.S. citizen spouse during this time.
Which state is the fastest to get a green card?
This is based on a 2019 study by Boundless: Top States for Fast Green Card Processing: Ohio: Cleveland stands out as a leader in fast green card processing, supported by highly efficient government offices. California: Riverside offers a smooth naturalization process for immigrants.
What is the new immigration law for married couples?
On Aug. 19, 2024, DHS implemented Keeping Families Together, a process for certain alien spouses and alien stepchildren of U.S. citizens to request parole in place under existing statutory authority.