Marriage to illegal alien

[Frank]

What happens if an illegal alien marries a U.S. citizen? Just a wondering...

[Ray]

... in response to Marriage to illegal alien, posted by Frank on Mar 26, 2002

Still illegal, but the US citizen can petition for a spousal visa or adjustment of status. The illegal spouse may have to leave the country and wait for the processing of the petition like everyone else.

Depending on how long the illegal spouse was in the country, the INS could impose a ban on immigration for either a 3 year or a 10 year period. For detailed info, contact a good immigration attorney.

Also, after a period of time, the US citizen spouse often finds out that the only reason the illegal partner wanted to get married was for that coveted green card and “love” had absolutely nothing to do with it. But by then it's already too late.

Ray

[Jeff S]

... in response to Re: Marriage to illegal alien, posted by Ray on Mar 26, 2002

There's some new regulations recently put in place that expedites this issue and does not require the spouse to leave the country. I'll check around and see if I can find a reference.
-- Jeff S.

[Dave H]

... in response to Re: Re: Marriage to illegal alien, posted by Jeff S on Mar 26, 2002

Hi Jeff,

The incidents involving my friends occurred over 5 years ago.

We were late filing for AOS and the INS employee tried to give us the third degree. I explained that it took several months for our marriage license to arrive. She dropped it and proceeded with the processing.

Dave H.

[Michael B]

... in response to Re: Marriage to illegal alien, posted by Ray on Mar 26, 2002

No, the illegal won't have to leave the US. A guy I work with is orginaly from Guatemala but is now a naturalized US citizen. About a year ago he married a Mexican illegal. To get her leagal, he had to do basicly the same stuff you have to do for a K-1 PLUS pay an extra fee of $1000 so that she didn't have to leave the US while the case was pending.

[Ray]

... in response to Re: Re: Marriage to illegal alien, posted by Michael B on Mar 26, 2002

Michael, I think the determining factor is how the person entered the country originally. I know that they can always make an exception, but here are two cases from the current info on the INS Web site where adjustment of status is not allowed:

1. If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

2. You may be ineligible for adjustment to permanent resident status if: You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you.

I don’t know if there are any very recent changes to these policies, but I couldn’t find anything on the INS site. In my opinion, if someone enters the country illegally, then marries a U.S. citizen in hopes of staying here, I think they should ALWAYS send them back and make them go through the same process as all of us who did it legally. I would add one further stipulation: Such person’s visa application should be placed on the bottom of the big pile and not processed until there is NO backlog of cases where the applicants followed the rules all along. Sorry, but if anyone wants to marry an illegal alien and doesn’t like my ideas, it’s just too bad! :-)

Just my $.02,

Ray

P.S.  I tried to include the link to the applicable INS page, but Patrick's software won't let me post any URLs today (?)

[Jeff S]

... in response to Re: Re: Re: Marriage to illegal alien, posted by Ray on Mar 26, 2002

It may not apply to this case:

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20020313/ap_on_go_ot/immigration_borders_9

... but I knew I heard something about illegal aliens being married to US Citizens.

-- Jeff S.

[The Walker]

... in response to I found the story I read., posted by Jeff S on Mar 26, 2002

As we speak all these policies are under review due to the imminent morphing of the INS into something else. It used to be that you could come in on a tourist visa and then apply for a student visa. Now they are going to make even these people go back to country of origin and start from scratch. I seriously doubt they'll be so lenient on illegals, even if they do marry a US citizen.

The world has changed and so have the rules and our laws will have to change to meet the situation as it is. I am just glad Vicky already has her green card. Our little dodge may not work nowadays.

You can also look forward to upcoming changes in airport security. The follwing information is valuable to those who fly and that means men seeking Asian wives (and the ladies seeking Asian hubbies, too) and those visiting their spouse's homeland to see the family. There may be Draconian changes with no smiley face on them. With the recent failing of airport security even under federal oversight there is talk within the beltway of a real crackdown. The sort where the British(?) TV star who started a fight over his wife's screening would wind up shot or staring a 20 year sentence in the face. You are going to start seeing hard people with no smiles in their eyes checking you as you enter the secured areas I fear. Any nonsense with the new folks will get you shot, sprayed or thrown down and cuffed none too gently depending on the circumstances. And there will be a lot more screening of baggage-handling and maintenance and cleaning personnel. I can say this with confidence as I was offered a job as regional security director but turned it down. I did however send the report detailing exactly what I thought would be needed to ensure reasonable safety in the air. Armed patrols along the runway fences, no-nonsense security personnel in the terminal. New x-ray devices some of which you may already have heard of and other things I hope will not get into the news any time soon. I have not advocated arming the pilots. I advocate entirely removing the door between cockpit and cabin. Bump the cockpit wall back a little and put in the necessary conveniences for the crew up front. The only communication between them would be a telephone handset and a video monitor. No way for baddies to possibly get to the crew. And drape a Kevlar blanket in the wall between the cabin and cockpit to stop bullets. Cheap enough. I have always though it was madness to have the crew directly accessible to the passenger area.

People worry that the new x-ray machines reveal too much. Tango Sierra. Being killed by a lunatic sure as heck violates your constitutional rights. Simply have women check women and men check men, and don't forget to check kids, too. A great place to hide stuff is in a baby's swaddling clothes or diaper. Mom can hold the baby in her arms while x-rayed or have the baby hand inspected including a diaper check. Dirty diaper? Change it on the spot. There is no constitutional right to fly.

The question is not one of closing the barn door after the horse is gone, although you do want to close it to prevent the loss of more horses via the same route, but one of preventing a flying bomb from reaching its target or causing one of our fighter kids to have to shoot down an airliner full of innocents, and blowing out their brains the same day.

But it will confound you on internal as well as international flights, especially to and even worse, from, places with a high Muslim population, like the Philippines and the rest of Asia.

-WP

[Jimbo]

... in response to Re: I found the story I read., posted by The Walker on Mar 27, 2002

women check women.... but who's going to check the Transexuals??!  Just kidding.

I think the Israelis have the best system.  Security there is mostly undercover, always watching, profiling, asking questions, looking for things that don't make sense.  The screeners are well trained, screened and monitored.  They don't end up with people asleep at the machines or being found to possess expired visas.

Jim

[jon]

... in response to Men check men,, posted by Jimbo on Mar 27, 2002

Yeah, my trip to Tel Avi was great- all woman security- all knockouts.

Jon

[Dave H]

... in response to Men check men,, posted by Jimbo on Mar 27, 2002

Hey Jim,

I'm for cavity searches...deep cavity searches. =8-O I'd prefer that women (petite straight women) did all of the checking ;o))) They could have a friendly motto like, "Before you fly the friendly skies...bend over and 'crack' us a smile!" =8-O

Dave H.

[Jeff S]

... in response to Men check men,, posted by Jimbo on Mar 27, 2002

We're so da#ned politically correct, screeners strip search 80 year old women while twitchy 20something middle eastern looking men get the wave. I can't believe it when I travel. My last trip, they were taking apart a Japanese woman's carry-on baggage along with her 6 year old daughter, both obviously terrified, when a turbaned Pakastani wasn't even questioned. Get Real - are we doing this for the appearance of security or to actually loking for terrorists. How many young Japanese women travelling with Gucci handbags traveling with their young daughters have even planted a terrorist weapon?

The INS agents at the border are master profilers. My secretary, a VERY obvious Mexican and NEVER ONCE been quentioned crossing the border from Tijuana. She simply says US citizen and they wave her through. They listen for her accent, look at her clothes, look at her demeanor, nervousness, etc, and decide she's not trying to hide anything. Conversely, they recently picked a Japanese man out of the yens of thousands of passing cars at the San Onofre checkpoint on the 5 freeway, with 2000 hits of Viagra. He'd bought it in Tijuana for $4 a pill or so and was planning to sell it back in Japan for $30. He must have had a smuggler's profile. These techniques work and is how the Isrealis operate.

-- Jeff S.

[Dave H]

... in response to Re: Re: Marriage to illegal alien, posted by Michael B on Mar 26, 2002

It happens all the time where I live (South Florida). I've had several friends whose wives were deported (Colombia, Costa Rica). After they completed the spousal Visa process, they were allowed to return. One even had a US born child. Their wives had extended their stay after the Visa had expired (not sure of the type of visa, tourist or K-1). One received a letter to come in and adjust her status. When she arrived, she was handcuffed and taken into custody. They even had a lawyer and Senator involved, but that didn't keep her off the plane bound for Costa Rica. Fortunately my friend was able to fly down and visit her often, until she returned.

Maybe they have more sympathy for illegal Mexicans, since they have recently been granting them legal residency.

Dave H.

[BrianN]

... in response to I dunno..., posted by Dave H on Mar 26, 2002

That's the joke of the millenium.  I'd never vote for it that's for sure, and vicente fox can kma.  I voted for the party, but NOT for this ideaolgy.  It's dead wrong imo.  So much for being pc.