How do you marry an illegal immigrant in the US and then apply for them to become a permanent resident?

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How do you marry an illegal immigrant in the US and then apply for them to become a permanent resident?

I mean would i have to marry him before his 3 months are up? Is there any way to do this without him returning to his country? He will be entering on a tourist visa will that be a problem?

Asked on October 7, 2011 under Immigration Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Please keep in mind that doing so means you are truly wishing to marry him and not to simply keep him in the country. To create a fraud on the federal and state governments would not only earn him an automatic deportation back to the home country but would get you into deep trouble as well. If he is entering on a tourist visa and you plan on getting married, then get married but I believe at that point to show that he and you are in this are truly legitimate, you must live together as husband and wife and I believe when you begin the paperwork process to make him a U.S. Citizen, you will be subject to interview and background investigations to ensure the legitimacy of the marriage. Please keep this in mind in case you believe he has to go back to the home country to finish work and move.


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