Does a person who marries a US resident become a resident?

UPDATED: Jun 13, 2012

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Does a person who marries a US resident become a resident?

My fiance has had her us residency for over 3 years. I was wondering, when we get married, could I get residency to work in the US. I’m not legally here though. What can I do since we’re still getting married.

Asked on June 13, 2012 under Immigration Law, Florida


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Nothing happens automatically when you marry a US citizen.  If you are not eligible for adjustment of status within the US due to your unlawful entry to the US, marrying a US citizen will not make you eligible.  You may be eligible for an immigrant visa through consular processing, but you would also be subject to the 10 year bar to reentry, if you depart the US to apply for that visa.  You should discuss your specific situation and options available to you with an immigration attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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