Marriage to a US Citizen: Can I Stay Within the Country?
Marrying a US citizen can significantly impact your immigration status, making it a critical consideration. Understanding the process and requirements can help you navigate the complexities and ensure compliance with legal standards.
Green Card Through Marriage
A foreign national who marries a US citizen can indeed apply for a green card (permanent residence) even if they entered the US without permission. This process is known as marriage-based immigration. If you entered with permission, you can simply file an Spouse (Family) visa or Adjustment of Status application to get your green card while remaining in the country.
Without Permission to Stay
However, if you entered the US without a proper visa, you might face deportation. The right path in this case is to have your spouse file a Form I-130, Petition for Alien Relative, and then you can apply for a green card through the Consular Processing or Adjustment of Status process.
Applications and Documentation
Applying for a green card through marriage involves submitting a comprehensive set of documents. The process typically includes:
Complete the Form I-130, Petition for Alien Relative Submit Form I-485, Application to Register Permanent Residence or Adjust Status Provide proof of marriage and duration of the relationship Supply financial disclosure forms (Form I-864, Affidavit of Support) Present a medical examination report Submit biometric data (fingerprinting)Deportation and Legal Consequences
Despite marrying a US citizen, you can still face deportation if certain conditions are not met. Here are the key requirements you need to fulfill to avoid deportation:
Lawful Entry
To be eligible for a green card through marriage, you must have entered the US lawfully. If you entered without a visa, you are not eligible for a marriage-based green card until a waiver is granted. The 601A Waiver can sometimes be used if you have a temporary presence in the US, but legal representation is strongly recommended.
Real Marriage
The marriage must be genuine and not based on fraud. The government reviews marriages to ensure that they are bona fide. Interviews with both parties are common, and additional evidence like proof of living together, financial records, and witness statements may be required.
Proof of Income
You must demonstrate that you have a stable source of income to support yourself and that you are not likely to become a public charge. This means you should be able to show a minimum income level that meets or exceeds the requirements set by the US Department of State.
Medical Exam
You will need to provide documentation from a medical exam that confirms your health is free from communicable diseases and that you can live independently in the US. The exam is conducted by a designated doctor and reports must be compliant with US standards.
Conclusion
Marrying a US citizen does not guarantee automatic residency, especially if you entered without proper authorization. It is crucial to follow all legal procedures and document your marriage properly. Consulting with a legal professional can help you understand your options and navigate the complexities of immigration laws.
Related Articles
For more detailed information on green card, marriage-based immigration, and deportation risks, check our other articles on these topics.