Can I marry my US citizen girlfriend and get a green card? 17 Answers as of December 06, 2011

Yes, you can. If your marriage is not (determined to be) fraudulent, the chances are 100%.

Are you over the age of 18? Did you enter the US illegally? If you are over the age of 18 and entered illegally, even if you marry a US citizen, you will not be eligible to adjust status to permanent residence within the US. You will need to go back to your home country and consular process there. But depending on how much over the age of 18 you are, you may be barred from reentry to the US for 3 or 10 years unless you can get a waiver on the basis of showing extreme hardship to a US citizen spouse, which is difficult to do in most cases.

There are many factors that need to be addressed before a qualified attorney could answer your question. Did you enter the US without a visa? If so, you may not be eligible to adjust your status to that of a lawful permanent resident (green card). If that were the case, you would have to depart the US, and doing so, depending on your circumstances, you may subject yourself to the 3/10 year bars, which would prohibit you from re-entering the US for 3 or 10 years, assuming you do not qualify for a waiver. It is imperative you meet with an immigration attorney to address all these issues.

If you entered the U.S. unlawfully and were never a beneficiary of a family petition or labor certification, you will have to leave the country and apply for consular process if you marry a United States citizen. When you consult with an attorney, he needs to know many things to properly analyze your case.

The answer to your question is contingent upon several factors. First, how did you enter the country? You said you were illegal, but that may not be the case. Second, have you been convicted of any crimes or immigration violations? How long have you been here? You need to speak with an immigration attorney to assess your case and make recommendations. It is possible for you to obtain a green card, but the process may be long and complicated. It is best to seek the assistance of an immigration attorney.

Your U.S. citizen wife can petition for you to immigrate. However, since you entered illlegally, then, most likely, you will have to leave the U.S. to process your paperwork. The process begins with the filing of an I-130 immigrant visa petition in which you must establish the bona fides of the relationship. Once the I-130 is approved, the case is sent to the National Visa Center which is the hub for consular processing around the world. The National Visa Center will send your spouse forms that she must complete on your behalf, including the affidavit of support. The affidavit of support is to demonstrate that she has sufficient income to prevent you from obtaining welfare. After she completes the forms and sends them to the National Visa Center, you will be scheduled for an interview at the consulate. There, they will determine if there is anything in your past that would prevent you from immigrating such as crimes, immigration violations, etc. If you were in the U.S. illegally for more than one year after the age of 18, your unlawful presence will trigger a 10 year bar to reentry. To overcome that bar to reentry, you will need to submit a waiver and demonstrate that it will be an "extreme hardship" on your U.S. citizen or lawful permanent resident spouse or parents if you are not granted the waiver. If everything goes well, you will enter as a permanent resident.

It depends on how you entered and how long you have been here. In general, you need a lawful entry to apply for a green card inside the U.S., but there are some exceptions and other possibilities if you have been here a long time.

No. you will need to wait until she turns 21 and you will need to leave the US in order to get it. See a lawyer 1st to be sure.

If you entered illegally, this will be a serious issue, unless you qualify under 245(i). If you have a criminal record, been married before, prior immigration issues, all of these will impact your case.

If you entered the country legally, or you had an approvable labor certification or visa petition filed before April 30, 2001, you could marry your girlfriend and you would be able to adjust your status in the United States. Otherwise, you could marry your girlfriend and then you would have to consular process outside of the United States and seek a waiver because of your unlawful presence in the US. Because of your unlawful presence, you should seek the services of a qualified immigration law attorney.