QUESTION
If I get married To a US resident, and started a family would i legally be able to stay there?
Asked on Aug 01st, 2012 on Immigration - California
More details to this question:
Hey, I'm really worried that I'm going to be split up and have to fly back to England after my wedding with my boyfriend. We also considered starting a family after our marriage and settle down. Would my baby automatically become a US resident? My boyfriend brings a lot of money into our relationship… but there's something at the back of my mind that I wouldn't be able to stay in the USA. How long would it take to get a visa that would allow me to stay in the US? And would I become a US resident if I got married?
11 ANSWERS
You cannot derive any immediate immigration benefits from a green card holder. You can remain in the US but you would not be here lawfully. Your child, if born in the US, would be a US citizen. Once your spouse would become a US citizen, he could petition for your permanent resident status right away and any unlawful presence time would be forgiven but until that time you would be unlawfully present and subject to deportation.
Answered on Sep 01st, 2012 at 9:29 PM
Rebecca T White
I am not clear if you are referring to a US lawful permanent resident (greencard holder) or a US citizen.
Answered on Aug 22nd, 2012 at 1:45 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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The marriage must be for love, not the green card. You could not enter to visit with the intent to marry. He must be a Citizen to apply immediately for you.
Answered on Aug 22nd, 2012 at 1:45 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
If your fiance is only a permanent resident then he can petition for you but this only gives you a place in line and not an immediate right to stay here. I would suggest looking into a non-immigrant visa of some type for you in the meantime.
Answered on Aug 22nd, 2012 at 1:44 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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If your fiance is a lawful permanent resident but not a citizen of the United States, his immigrant petition for you will not make you eligible to remain in the U.S., because only a limited number of immigrant visas are granted every year to spouses and children of U.S. permanent residents, and you will get your visa only after all the people who had petitions filed for them before your petition was filed. Right now, the queue in this category is 2.5 years long. If you marry this guy, and he becomes a citizen, then his petition for you will not be subject to any numerical limitations and waiting times, and you would be able to receive a green card without leaving the U.S. There are several options available to you, and you should discuss them with an immigration law attorney.
Answered on Aug 22nd, 2012 at 1:41 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you married your boyfriend, he could file a petition for you to become a permanent resident. Your children, if born in the U.S. would automatically become citizens. If they are born outside the U.S., they may derive citizenship through your husband, if they meet all of the qualifications. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Aug 22nd, 2012 at 1:40 PM
Your questions require a thorough review of your immigration history and your current situation; thus, I encourage you to consult with an attorney versed in immigration laws. First, is your husband a US citizen or a lawful permanent resident? Either way, your spouse could file a petition on your behalf. However, that does not end the inquiry there.
Answered on Aug 22nd, 2012 at 1:39 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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Your child would be a citizen. The process for becoming a permanent resident depends on if you are currently in the US or overseas, and if here, how you entered.
Answered on Aug 22nd, 2012 at 1:38 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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In order for you to apply for adjustment of status, you need to be married to a US citizen, not a resident. If your child was born in the US, the child would automatically be a US citizen.
Answered on Aug 22nd, 2012 at 1:38 PM
Bruce A. Coane
Right, the laws are very complicated in this regard. I strongly advise you to sit down with a competent immigration attorney and get all the answers and scenarios. And, yes, any baby born in the USA is a USA citizen.
Answered on Aug 22nd, 2012 at 1:37 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
After you marry your US husband in the US, you can stay and process your lawful residency/green card. This will permit you to stay and work in the US. Your child born in the US, will be a US citizen. Generally, it takes about 4 months and you cannot travel outside the US until you get a temporary travel permit (3 months) or the actual green card. We help process marriage cases every week and are very familiar with the process and legal issues.
Answered on Aug 22nd, 2012 at 1:36 PM