If I marry a US Citizen, will I avoid deportation?

Many of our non-status clients believe marrying a U.S. citizen will solve their immigration problems.  Undocumented clients will either jump into a marriage head first for a chance at a marriage green card, or they’d wait until they’re detained to marry their beloved.  Then, they’ll come to us and expect the marriage certificate to solve all of their problems. We’re here to tell you it’s not as simple as that; if you’re an undocumented immigrant married to a U.S. citizen, you can still be deported.

Unfortunately, qualifying for a marriage-based green card requires more than just a marriage certificate proving marriage to a U.S. Citizen.

Here are the four other questions to ask yourself if you’re considering a marriage-based green card:

1. Is your marriage legitimate?

Not only does your marriage to a U.S. citizen have to be genuine, but you also need to be able to prove it.

Many clients believe a few photos and a lovey dicey appearance will suffice at the interview, but it’s more complicated than your romance narrative. For immigration purposes you need to show proof of joint residence and shared finances in addition to documents showing your love.

A good immigration lawyer can review your case and existing documents or help you prepare your petition and application.

2. Did you enter the U.S. legally?

Although after marriage you’re now an “immediate relative of a U.S. citizen”, how you entered the U.S. still matters. In order to adjust your status after your Petition for Alien Relative (Form I-130) is granted, you have to be eligible.  Part of being eligible is having entered the U.S. legally (e.g., with a valid visa) and being in status at the time of adjustment.

If you did not enter the U.S. legally, are undocumented, or have overstayed your allotted time, you may be ineligible to obtain permanent residence. Consult an experienced immigration attorney to see if you are banned from re-entry and if you qualify for any ineligibility waivers.

3. Do you and your spouse have enough money?

To obtain a green card, the applicant must be financially secure and/or sponsored by a relative or other U.S. Citizen or Legal Permanent Resident. To qualify for adjustment of status, you’ll have to show pay stubs, tax returns, and other documents proving financial independence.

Applicants are now required to file an additional form, I-944 Declaration of Self-Sufficiency which requires even more detailed financial information to prove you won’t require government assistance in the future.

4. Are you healthy?

All adjustment of status applicants have to undergo a medical examination to prove they are in good health. You will also be required to see an immigration-approved doctor for a full physical. You’ll be required to have received certain vaccinations and even prove you’ll have health insurance to cover any medical issues you may have.

See our article on Public Charge and the Healthcare Ban for more information.

If you’re concerned about your answers to any of the above questions, or if you just want to be certain, give us a call and we’ll review your situation to see how we can help you in your marriage-based adjustment.