What happens if I get married to a non citizen? 12 Answers as of August 18, 2011

What happens when I am citizen and I get married to someone who is not. Also when they have not renewed their touristic visa for about 1 year and we want to visit another country.What happens?

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The Ghosh Law Group
The Ghosh Law Group | Amy Maitrayee Ghosh
You can sponsor your spouse for greencard and after he or she becomes permant resident then only you should visit other countries.
Answer Applies to: California
Replied: 8/18/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If your fiance is out of status and has not renewed their tourist status do not let him or her leave the U.S. without talking to an attorney first as they will likely trigger a ten year penalty before they will be allowed to return. If you are a citizen and marrying them you can petition for your spouse and he or she can apply for permanent residency. Once permanent residency is obtained then travel should be fine.
Answer Applies to: California
Replied: 8/17/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
You are allowed to marry a non citizen but this does not give him any rights to remain in the US. If he departs after having an overstay or 180 days or more that triggers a three year bar: this is a ten year bar after a one year overstay. If you are contemplating marriage and filing for a green card it may be possible to do that inside the US, without him leaving. Please schedule a full consult with a competent immigration attorney.
Answer Applies to: California
Replied: 8/15/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Nothing happens to you, but that person is subject to being detained and deported by ICE unless you petition for their legal status.
Answer Applies to: Florida
Replied: 8/15/2011
Law Offices Colyn B. Desatnik
Law Offices Colyn B. Desatnik | Colyn B. Desatnik
If you are a citizen, then you can marry and thereafter petition for a green card for your foreign spouse. 90 days after you file, the foreign spouse will receive work authorization and may be eligible for travel permission. Call if you have any questions.
Answer Applies to: California
Replied: 8/15/2011
    Yoo & Lee, LLP
    Yoo & Lee, LLP | Winston W. Lee
    You can file for your spouse when you receive your citizenship. The alien can be deported if he/she has overstayed the visa.
    Answer Applies to: Washington
    Replied: 8/15/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    Your future spouse may apply for adjustment of status after you get married. Otherwise, if you leave the US she or he may trigger the 3 or 10 year bar.
    Answer Applies to: Nevada
    Replied: 8/17/2011
    Law Office of Jaclyn Miller
    Law Office of Jaclyn Miller | Jaclyn Miller
    Your spouse cannot leave the United States until s/he has her "greencard" if s/he has overstaued the tourist visa. I think I can help you with your situation but I have some questions of my own to ask you in order to clarify some things. If you give me a call perhaps we can discuss this further.
    Answer Applies to: New York
    Replied: 8/15/2011
    Law Office of Nora Rilo
    Law Office of Nora Rilo | Nora Rilo
    If you married a noncitizen, you need to file documents with USCIS to enable that person to remain in the US legally. Your spouse would be unable to travel until he obtains legal status. If he travels without obtaining legal status, he could be refused entry if he tries to return, or.. he may detained if he tries to return. He also faces immigration penalities if he departs, tries to return, and has filed papers with USCIS.
    Answer Applies to: Florida
    Replied: 8/15/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Your spouse can apply for a green card if s/he entered the U.S. lawfully. The application process takes about 3 to 4 months. You can travel on the green card once issued. If you want to travel while the green card application is pending, your spouse cannot have been out of status for more than 180 days at the time s/he filed the green card application. In this case you must wait for a travel document to be issued in connection with your green card application.
    Answer Applies to: California
    Replied: 8/15/2011
    Montefalcon Law Offices
    Montefalcon Law Offices | Alberto G. Montefalcon, Jr.
    Not to be gender insensitive, when I say "he," the same analysis will apply if your spouse here is a woman. When you marry a non-citizen, he may qualify for a green card if you file a Petition for him. At the same time, assuming he entered the country legally on his tourist visa, he may qualify to Adjust his Status to that of a Permanent Resident. If however, his authorized stay under such visa shown on his passport entry stamp and on his I-94 has expired and he remains in the country, he will be deemed to be out of status, and any unused portion of his tourist visa is automatically canceled. If he leaves the US, he will have to apply for another visa to re-enter. If he overstayed his prior visa for more than 6 months, he will be subject to 3 year ban to return, and 10 years if he was out of status for more than 1 year. For this reason, he may want to re-consider traveling to another country while he is out of status. Instead, you will want to file a Petition for Alien relative, have him apply for Adjustment of Status first and then travel outside the US only after he gets his green card.
    Answer Applies to: California
    Replied: 8/15/2011
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