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  • Question on Marriage to "illegal"

    Does anyone know if this is true?
    I was told that if a US citizen marries someone here illegaly (never legal) then that person would have to return to their country under a 10 year ban. That said, I was also told that if the US spouse could prove that it would be a legitimate hardship for them (the citizen) to move to that country) that the illegal spouse's leaving and the 10 year ban MAY be waived. Is this true? Does anyone know the process?

  • #2
    Does anyone know if this is true?
    I was told that if a US citizen marries someone here illegaly (never legal) then that person would have to return to their country under a 10 year ban. That said, I was also told that if the US spouse could prove that it would be a legitimate hardship for them (the citizen) to move to that country) that the illegal spouse's leaving and the 10 year ban MAY be waived. Is this true? Does anyone know the process?

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    • #3
      It's called I-212 waiver, it does not make the alien admitted, only admissible. Other waivers may be required as well (criminal records, other immigration offenses, health-related issues).
      You should consult with an attorney, this is not legal advice.

      Comment


      • #4
        See www.immigrate2us.net

        Comment


        • #5
          It requires more than a "legitimate" hardship. You have to prove extreme hardship beyond that which normally occurs when you are forced to be separated from your spouse for a long period of time. The waiver is harder to get at some consulates than at others, but recently they've all been cracking down, so it's not a safe bet at all.

          Also, nothing about getting married requires that the immigrant leave the country. If you're completely illegal, however, it is your only shot at Adjustment.

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          • #6
            Theone- Great site, thanks.
            Marvie- But once all the paperwork is applied for, won't there be a nice little letter in the mail or a knock at the door saying " you aren't supposed to be here at all in the first place, leave now!"? Wouldn't the husband be deported once he applied for legal status?

            Can anyone tell me what would be the first step in the process? What form/s should be filed first and what should be the expected reaction...deportation?
            Thanks.

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            • #7
              The husband HAS to leave the USA in order to file that waiver.The waiver is supposed to override that automatic ban.Sorry to be the bearer of bad news.

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              • #8
                Does anyone know if this is true?
                I was told that if a US citizen marries someone here illegaly (never legal) then that person would have to return to their country under a 10 year ban. That said, I was also told that if the US spouse could prove that it would be a legitimate hardship for them (the citizen) to move to that country) that the illegal spouse's leaving and the 10 year ban MAY be waived. Is this true? Does anyone know the process?

                Your vision is really scary. Everything you sad is untrue. If illegal person marries US cit, person will pay fine of $500 and pursue regular adjustment of status procedures.Been there, done that.

                Comment


                • #9
                  If the person in question entered without inspection, overstayed a C-1 crewman visa or evered under TWOV, the person cannot adjust by statutory prohibition. The person is required to exit the U.S. and apply for a waiver based on the extreme hardship concept. However, many Courts specially in more liberal circuits are of the opinion that, sometimes, the person does not actually have to depart to apply for such a waiver. This is not legal advice.

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