Will marrying an immigrant who is out of status affect me? 8 Answers as of January 17, 2011

Would a person with i-485 pending status marrying a person who has been out of status for more than a year incur any legal issues in the i-485 (green card) case and their lives (eg. getting health benefits, buying houses, having children, getting a job etc.) before or after getting the green card? What about their children? I understand they would become US citizens if they are born here but was wondering if there would be any short or long term legal issues the family would face. Thanks for your help.

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
It depends how you are being petitioned. If it's a petition from your parents it could affect since it could remove you from the category under which you qualify for the residency. Otherwise, it shouldn't have and impact on you.
Answer Applies to: Florida
Replied: 1/17/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
It should not and your husband may potentially benefit as a derivative in your I-485 case depending on the type of case you have pending. Best to get a complete consultation on the facts of your case and his before making any decisions.

I would suggest a consultation on the specific facts of your case. I would be happy to assist with your case. We do charge for consultations $350 per hour - but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for further work on your behalf after the consultation.
Answer Applies to: California
Replied: 1/6/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
If an LPR married someone out of status, the immigrant, may be eligible to apply for and adjustment of status. There are certain responsibilities with that application so the sponsorship may have an affect on the LPR, please see and attorney for further assistance.
Answer Applies to: Texas
Replied: 1/5/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
The adverse consequences on you could be many and varied. Better consult with an immigration attorney who can further advise you on the likely specifics of your case in particular.
Answer Applies to: Virginia
Replied: 1/5/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
No. Good luck! But you will need help when you petition for him or her.
Answer Applies to: Florida
Replied: 1/5/2011
    Pauly P.A.
    Pauly P.A. | Clemens W. Pauly
    Marrying someone who is out of status in the US will not make that person legal here and while your own I-485 application is not affected, the spouse will remain out of status. Depending on the state you live in that will affect that person's ability to get a driver's license, insurance etc which in turn will affect your live together. You need to contact an attorney to give you proper advice on how to legalize that person's status.
    Answer Applies to: Florida
    Replied: 1/5/2011
    Pacifica Legal Services
    Pacifica Legal Services | Floyd Fernandez
    I would start by saying that you would be brought under immediate scrutiny for marrying an undocumented alien one who is out of status. Marriage for any reason other than for love, especially if you're trying to help him/her get an immigration benefit is a felony crime, punishable with prison for up to five years. Even if you wait to marry or sponsor him after you obtain adjustment of status and the status of legal permanent residency, your approved petition would only make him a 2A preference in his status, which would subject him to a wait of anywhere from a few months to a few years. That variability in waiting time to file for adjustment of status would be the result of the U.S. State Department, deciding how many places in each visa category will be allotted each month. If you want to discuss the matter further, and you would like me to help, please call or e-mail me to set up an in-person or phone consultation.
    Answer Applies to: California
    Replied: 1/5/2011
    JCS Immigration & Visa Law Office
    JCS Immigration & Visa Law Office | Jack C. Sung
    No. marrying an illegal immigrant will not affect you.
    Answer Applies to: California
    Replied: 1/4/2011
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