QUESTION

What can a marine do to marry an undocumented immigrant?

Asked on Oct 11th, 2013 on Immigration - Michigan
More details to this question:
I am a 19-year-old undocumented immigrant who was brought to the US before the age of 1 year old. I was recently approved for deferred action and now obtain my work authorization card as well as my California driverโ€™s license. I met and fell in love with my 21-year-old marine prior to his enlistment. We want to get married but are unaware of what process to take so that he doesn't get charged for marrying an illegal alien. I am a straight A college student with no criminal background record or tickets. Can we get married without my deportation? Will he get into any trouble with his career? Will I be able to live on base and travel with him? I want to be a US citizen because this has been my home for longer than I can remember; I hold no ties with Mexico and have no desire to return since I left when I was an infant. Is there a way for me to get citizenship from marriage (before/after)? How much will this process cost? How long will the process take? Will we be able to apply for BAH/BAS/DEERS? We are in love, all we want is to be married and live the rest of our lives together.
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3 ANSWERS

Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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I cannot comment on your boyfriend's career; he may want to consult a JAG attorney on this one before you get married. As to your immigration status, as the law stands right now, the problem is that you entered EWI (entered without inspection), regardless of your age and circumstances. This means that you cannot adjust status without leaving the US. If your boyfriend's career is unaffected and you two do get married, you will have to apply for and receive an unlawful presence waiver. The good news is that now you can wait for the waiver here in the US. Once it is granted (and in your case, it should be), you will have to travel to Mexico and go through the consular processing in order to return to the US as a wife of a US citizen. Currently, there is no other way. I cannot guarantee you that this process is a sure thing or how long you would have to be in Mexico, but I would plan on three months or so. Unless the anticipated immigration reform changes anything, this is the unfortunate long way for this process in your case - all because you were not admitted and inspected at the border. If you had a visa and you came in lawfully but then overstayed your welcome, you could adjust status after marriage without leaving the US. But all EWI cases must exit the US, unfortunately, in order to consular process. That stated, I would not be scared of the process: if you have no criminal history (no arrests or any other "hiccups" with the law), you should be able to get the waiver and from there, I see no problems with the consular processing. The only variable is the timing, as I cannot tell you how long you may have to be in Mexico. And I cannot answer your question as to whether your boyfriend's military career could suffer if he married an undocumented alien, so that is something for him to research through military lawyers.
Answered on Oct 15th, 2013 at 3:57 AM

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You are not eligible for adjustment of status on the basis of marriage if you entered the US unlawfully. You may be eligible for DACA but the requirements for that and permanent residence are quite different.
Answered on Oct 14th, 2013 at 1:13 PM

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Right now you cannot adjust status here in the US. Maybe the new immigration law will help if it is passed. But you can marry and your husband can file the I-130 for you. But you cannot file the I-485 because you were not inspected.
Answered on Oct 14th, 2013 at 12:44 PM

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