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What happens if an LPR marries somebody who overstayed her visitors visa and does not file any paperwork for AOS..., and then LPR applies for N400 down the road and it is asked in this form what the immigration status of the current spouse is, what will happen to the undocumented spouse? will they initiate removal proceedings?
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What happens if an LPR marries somebody who overstayed her visitors visa and does not file any paperwork for AOS..., and then LPR applies for N400 down the road and it is asked in this form what the immigration status of the current spouse is, what will happen to the undocumented spouse? will they initiate removal proceedings? -
At a guess (I'm not a lawyer), the illegal alien spouse could be deported, and the LPR who sponsored her could lose his green card for harboring an illegal alien. Extreme case, but possible.Comment
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[QUOTE]Originally posted by Aguila:
What happens if an LPR marries somebody who overstayed her visitors visa and does not file any paperwork for AOS...,QUOTE]
forgiving me if i'm asking an ignorant question - but can a LPR actually file any paperwork for AOS for a spouse, i thought you could only do that if natualized?Comment
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Aguila- You should be truthful in your application. You are much more likely to face denial on your N-400 or have your citizenship later revoked than to get your husband deported. Except for wanted criminals and some individuals of interest, they don't bother with illegal spouses.
AliBa- extreeemly unlikely
Humdebug- relatives of LPRs can file for AOS if the visa date is current and they are otherwise eligible . Spouse of an LPR has about a 5 year wait (8 years for Mexicans) for the visa priority date.Comment
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I assume is better to do not get married until at least a day after of mailing out n400? or maybe after the n400 interview since they ask you again questions from the form at the interview right?Comment
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Aguila- If you are going to delay marriage, you need to wait until the day you have a certificate of naturalization in your hand. Then you can marry and file a One-Stop AOS app. (perhaps even the same day!)
Were you the kind of kid who answered your mom with straight face, "No, I didn't eat a cookie.", because you had eaten two?Comment
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This for a friend of mine who loves his girlfriend but for religious reasons she wants to get married if they are going to leave together... and he does not want to loose her and he has at least 2 more years to wait in order to file for n400...Comment
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If there are two more years to go, why not marry her (if that is what he REALLY wants...) and file for AOS????
Sure her being a visa overstay might complicate things a little, but at least it will give her some form of lawful status.Comment
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Spouse- There is no lawful status for her because he is still and LPR.
Aguila- Gosh, I'm dumb. I should have remembered your other posts.Comment
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Old Man:
Thanks for your answers... so there is no much my friend could do... I hope he's able to live with his girlfriend together and that she would be able to remain 2-3 years more waiting to get married... I just hope that some of this law changes because this is to an extent ridiculousComment
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Hi Aguila
Waz up man.
For your friend... If they are in a state that recognize common law marriage. Get two witness to per biblical law to consider themselves married. (taking care of religious reason)This way they will be properly married so that they do not feel they are living together improperly. This of course will not give her status, but it will take care of a personal committment to each other for marriage. When the time comes for US citizenship, he can re-marry her in paper to meet requirments for immigration purposes.
This will make no problem with PAPERWORK IN citizenship and marriage to out of status person.Comment
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4now:
Thanks for your response. Please explain a little bit further, is common law marriage, religous marriage?
Doesn't he will have to disclose this type of marriage in n400?
Only the following states allow common law marriage:
Alabama
Colorado
District of Columbia
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Texas
Utah
He is NJ... therefore this does not apply, any other solution possible?Comment
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Hi aguila ...
I am just wondering about one thing ... will his GF believe in this kinda marriages ? coz if she wants to have legal married status and then only believe in it ... it would be hard for him to make her understand ... and his NATZ is the only best thing for both of them to get legal status here ... so I guess if he explains her about all this ifs and buts ... probably she will understand how important it is in order to have good life in USA .... He can try to explain her ...there is nothing wrong .... Good luck to ur friend ... PashaComment
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Hi Aguila
Pennsylvania is not that far from NJ .. is that correct
the original marriage's were "common law" hence the name origin. This is why a common law marriage is upheld in so many states. These paper certificate laws of marriage came much later. It was not the original way. Even today many muslims go to the mosque and marry with the prescribed witnesses etc. they then get married in the system for immigration purposes.
We are not talking about marriage for n400/AOS reasons. I am speaking about 2 people who are religious and are making a committment before God in front of 2 witness. the original biblical way that is still recognized in many states. This is personal for these 2 people. they only need to know and the 2 witneses that stand before God to declare their vows and committment. Has nothing to do with N400/AOS.
When time comes to be USC.. then to meet the laws of immigration/ citizenship let him marry her again in public record to gain the benefit.
They should not let themselves become slave to the system for paperwork and compromise their principles by just living together. Let them give themselves dignity and have the glory of God and be married. This is between him and her and God and the two confidential witneses. Only thing .. it must be serious on their part b/c this is real marriage.
Would you not agree that marriage on peice of paper does not make a marriage. It is the committment and declaration before God that makes a marriage. Same for a divorce. when you divorce in your heart and take that step with another partner.. you in fact have divorced in a biblical sense. the real divorce, not just on paper.
Both... papers for marriage and divorce are simply a formality. It is the outright declaration and action of either that has the true meaning.
Btw. Common law have to be divorced in regular court just like any other marriage. A certificate of divorce must be given out.Comment
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