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  • Citizenship Question

    A US resident is in the process of filling out the N-400 (Application for Naturalization) form, but some things crosses his mind. One is that he wants to sponser his soon to be wife to get her greencard. Since his wife is here illegally, he is wondering if he should file his application for naturalization first before he gets married. Will the marriage have an effect on his Naturalization process and/or her chance of getting a greencard through marriage with him in the future. By the way, this marriage is based on love and nothing else.

  • #2
    A US resident is in the process of filling out the N-400 (Application for Naturalization) form, but some things crosses his mind. One is that he wants to sponser his soon to be wife to get her greencard. Since his wife is here illegally, he is wondering if he should file his application for naturalization first before he gets married. Will the marriage have an effect on his Naturalization process and/or her chance of getting a greencard through marriage with him in the future. By the way, this marriage is based on love and nothing else.

    Comment


    • #3
      Did his alien girlfriend enter legally, (or if an overstayer her previous visa was not under J, C, or D categories), either one has no criminal record here or anywhere, both eligible to marry, and he has the capacity to execute an Affidavit of Support (based on poverty guidelines) or if not has a possible co-sponsor? If the answer is yes to all of the above, your friend can undertake these two major steps (naturalization & marriage) at his own leisure at anytime, and her girlfriend would have a straightforward pathway to her own permanent residency.

      (Just an opinion based on limited information provided).

      Comment


      • #4
        His girlfriend overstayed her B-2 visa. What I want to know is, should he marry her first and then apply for citizenship or the opposite. I was wondering if the marriage will affect his application.

        Comment


        • #5
          What I meant by the phrase that he can get married or apply for naturalization "at his own leisure at anytime" is that because he can get married either before or after his N-400 application and it won't have any bearing on his application to be naturalized. He just has to answer appropriately his "current marital status" in Part 3, and of course, his eligibility in Part 2 (granting that he is really eligible to get naturalized). His marital status answer in Part 3 doesn't affect in anyway his naturalization eligibility in Part 2. Sorry, it's a little wordy and this is a general statement based on limited info provided.

          Comment


          • #6
            Natalie,eitherway,it does not garantee,the Illegal woman,will get free ride.She can and mostly like will be denied.

            Bottom Line rule,getting married to a U.S. citizen does not garantee,a secure status,especially not,if that person is illegally here.Especially someone entering as a tourist and not leaving as suppose to.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
              Natalie,eitherway,it does not garantee,the Illegal woman,will get free ride.She can and mostly like will be denied.

              Bottom Line rule,getting married to a U.S. citizen does not garantee,a secure status,especially not,if that person is illegally here.Especially someone entering as a tourist and not leaving as suppose to. </div></BLOCKQUOTE>

              This is a reckless declaration of your own personal belief and preference that have no basis in fact and in law.

              Comment


              • #8
                Yeah, the truth hurts.
                Uusually people dislike what I say,if they have been supporting illegal acts or been themself in that situation.

                U wanna talkabout facts,here is the fact "soft neighbor"

                If U are in this country illegally,and U get married to a U.S. citizen,does not garantee,an automatic free ride,to freedom and security and promise to be able to stay now here and be here legally.Thats the fact.
                Sometimes,depending how this person got to this country and under what reasons,or false reasons,she can still be denied after marriege.

                Now this lady came here with a tourist visa,and U do not have to know the law that well to know.When you come as a tourist visa,u agree to COME & LEAVE as a tourist.
                On top of that,the immigration officer asks you :why are u hear,where are u gonna stay and for how long,show me your return ticket" plus u sign the form in the airport,that u come here for tourist visa and u will leave on the date givin'.

                Now do not tell me,I have no basic fact in the law,those things are against the law...
                and if you wanna believe in your little world.If u break the law,and u are here illegally,because u refused to leave as u are suppose to and promised so,since u are a tourist,and u continue to stay here and not leave,thus making u be illegall here and u decide "hey lets marry an us citizen,and the law can not touch me and i am free"
                U live in a dream world...

                Comment


                • #9
                  Opps! There you go again, employing your favorite style - going personal - attacking the poster not the post. Anyway, let's play your game.

                  Though I don't owe it to anyone, especially to you, to justify anything, I was born in Hawaii, purely immigrant parents, naturalized, of Filipino descent, I'm a US citizen by birth and by blood, both under the doctrines of jus soli and jus sanguinis. And you? J? K? Spousal AOS? I-751 waiver? Ok, in fairness to you, you utilized "available" avenues to your advantage. (Oppps! I promise I'll not go very technical).

                  Ok, here's the deal, my country (who adopted you because you insisted to be adopted) is both RIGHT and KIND. For one, it highly respects the sanctity of marriage and the integrity of the human family, but in deep deference to relevant laws.

                  We have laws that people either respect or abuse, laws that have safeguards, but some of them are also grayish in character and construction, that enable "some fraudsters" to seep through their cracks.

                  In immigration processing, the same respect by our laws to marriage and family applies, especially when the well-being of one of our own (a USC spouse) is involved. So with the exception of some visa categories (J, C, D, etc., that inherently prescribe consular process to obtain visa benefits), the government procedurally allows alien spouses to gain permanent residency while on US soil – B2 visa category is one of them, which is the subject of this thread.

                  Yet, of course, one has to overcome the suspicion aroused within the 30-60 day rule before engaging in any action inconsistent with the purpose of the visa (in this particular case from touring to marriage to a USC) for the alien spouse to benefit from the "dual intent" law concept.

                  What I just said is memorialized under Section 245(a) of the Immigration and Nationality Act, 8 U.S.C. 1255(a), that states in part, thus: "the status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence" if certain conditions are satisfied. Now, where the alien on this thread has already overstayed, such violation is also being waived (not applied for but normally granted) by the Attorney General under Section 212 of the Act.

                  Again, all this is rooted on this country's value given to a "marriage by a USC to an alien that is entered in good faith." This is the law. And aside from this instant case, I know of 99.9999% success rate of spousal petitions where the alien spouse was admitted on a B2 visa and overstayed, who are now permanent residents. And that is a fact.

                  If the marriage is entered (or arranged) in bad faith, simply to gain immigration benefit for the B2 alien, that's another story, which I myself do not support even a bit. But your "blanket generalization" is far from giving a direct reference to these cases. In fact you are doing it as if you're citing an immigration "rule" with absolute certainty. And there is where I can't agree.

                  So, all in all, what I'm saying here again, my friend, is that the narrow adjudicative nature of your opinion, belief, and preference (then and now) is not supported by concrete realities on the ground. Now, who is dreaming?

                  Comment


                  • #10
                    First off,
                    I did not attack you personally one tiny bit.
                    I just try to make a point when I said "when people usually disagree,they have been in that boat themself" I said people, I did not say YOU personally.

                    I get where you come from.

                    But my whole point was,when you said,i basically do not know the fact about the law.

                    And all I said was,if a person is illegally in the US or even legally.
                    Just the fact of getting married to a U.S. citizen does not promise,nor garantee,a freedome to stay in the U.S. just like that.Especially if you are illegally here...

                    Many people just think "marry a U.S. citizen,and U can stay in the US have a greencard etc" but the odds to be denied and sent home is higher,especially if U are illegally here.

                    Thats all I am saying buddy.

                    PS: If my message came accross I attacked you, I am sorry,or if I sounded like I am generalizing.I was not.

                    Peace!

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by HBKHBK:
                      Yeah, the truth hurts.
                      Uusually people dislike what I say,if they have been supporting illegal acts or been themself in that situation.

                      U wanna talkabout facts,here is the fact "soft neighbor" ........

                      U live in a dream world... </div></BLOCKQUOTE>

                      Well???? Yeah, right, you referred to "people" and "me" not included???????

                      I'm not a "buddy" by the way, sorry.

                      Comment


                      • #12
                        HBKHBK, you did sound furious in your first reply. What was wanted was an answer, but all you did was attacking.

                        Comment


                        • #13
                          Hi Nathalie.
                          The safest route is:
                          1/The legal permanent resident waits to be a US Citizen before marrying the soon to be wife.
                          2/they get married
                          3/they file the petitions showing eligibility

                          Marriage to a USC (if genuine) gives YOU (the foreign spouse) permanent residency UNLESS:

                          1/you have entered without Inspection
                          2/you are a convicted criminal (abroad or in US)
                          3/your marriage is a sham
                          4/your spouse doesnt meet the 125% poverty line rule
                          5/facts come up during an interview eluding to the fact your marriage is not valid/genuine

                          Comment

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