In many cases, people with undocumented status appropriate to remain in the United States marry to obtain the benefits of a citizen. However, there are cases in which love is the true reason for the union.
In this case, two people can marry if they are of legal age and there is mutual consent.
The union is generally carried out before a court or civil registry and if someone is a minor, the authorization of parents or guardians is required.
What documents are needed to get married in the United States?
It's good to remember that laws (and fees) may vary depending on the state where you live, but, in most cases, they require:
- Identification documents of the couple (proving their single status), a license or permit issued by the registration, a waiting period that can be one or several days and witnesses for the act.
- If they are foreigners, the documents must be translated into English. A marriage can be between people of the same sex or with different Visa conditions, such as two foreign students.
What happens if one of the bride and groom is not a US citizen?
The matter becomes more complicated when considering whether one of them is a US citizen and the other undocumented, whether the couple intends to live in the United States, and whether entry into the country was legal or illegal.
Legal entry is considered to be entering the country with a valid passport and visa, through any formal port of entry, whether by land, sea or air.
Generally, this process is accompanied by an I-94, which is an electronic proof of entry that indicates the date and type of admission and until when you can remain in the United States.
Meanwhile, an illegal entry is, for example, a border crossing against immigration laws and through unapproved acts of entry into the territory at any point.
When it comes to a marriage of a US citizen with an undocumented person, but with legal entry, a subsequent adjustment of status is required since the new spouse is considered a relative of the citizen.
How is the marriage process carried out with an undocumented person?
In that case, a process begins that will review the permanence permit that was given to you upon arrival. On the immigration service page, it is indicated “…you may be eligible to obtain your Permanent Resident Card by presenting a Form I-485, Application to Register Permanent Residence or Adjust Status”.
In the case of marriage with an undocumented person, who also entered the country irregularly or illegally, it is more complicated. If they have spent more than 6 months (180 days) in the country, the individual must travel to a United States consulate or embassy abroad for the Green Card interview.
But it could also happen that a penalty is imposed for having entered illegally, before which another process is developed where it will be necessary to request an immigration exemption or forgiveness.
The person may get married and return to their country of origin. In that case, being “family” to their new husband or wife, they will have to submit the form to apply for the Green Card. I-130 before USCIS, residence permit at a US consulate or embassy.
This process can take between 6 and 8 months. If approved, the visa application is then made and the corresponding fee is paid.
Immigration forgiveness
But if you must resort to the request for immigration forgiveness, the request for a provisional exemption is made, the waiting time for which to receive a decision can take up to 6 months.
The application is submitted and decided before leaving the United States to appear at an embassy or consulate.
Therefore, the approved I-601A provides the applicant with “some” security that they will not be prohibited from re-entering the North American country.
If the exemption request is approved, the spouse must attend the interview with the US consulate or embassy in their home country.
It should be noted that this procedure is somewhat risky, because the penalty for having entered illegally can be from 3 to 10 years (depending on the length of stay you have had in the country since your arrival), which would not be beneficial for the newly married couple. Formed.
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