if a US citizen marries an undocumented immigrant do they become a citizen?

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  • Foofa
    Lv 7
    4 months ago

    No. The sponsorship of a US citizen spouse would enable them to apply for a waiver so they could go back to their home country for processing without earning an entry ban. However, even with that spousal sponsorship the migrant in question would only gain permanent resident status. Then in three years he/she could in theory apply for naturalization. So there is a path from no status to citizenship, it's just a long one and nothing is automatic.

  • 4 months ago

    Marriage is one of the pathways to citizenship. However, the process is watched carefully by the federal government for fraud. (i.e. it is considered defrauding the United States to get married to an illegal just for the sole purpose of manipulating the government to give them citizenship, and such is a federal crime.) Also, its not automatic anymore because the person still has to be vetted for disease control reasons and for anti-terrorism reasons, which takes a considerable amount of time. Also, a person whom has already illegally entered the U.S. has to go back to their country of origin and wait a minimum of five years from the last date they were in the country illegally before they are eligible to be in the country legally under a visa or any other form of naturalization.

  • chris
    Lv 7
    4 months ago

    In the US., There are slight variations between states when it comes to a marriage license, but for most, you need the following to obtain one.

    ◾Birth certificate (or some proof of citizenship like a passport)

    ◾A photo ID (like a driver’s license)

    ◾Proof of divorce (if you have been previously married)

    ◾If you’re under 18, you need proof of consent by a parent

    Since an undocumented immigrant would not "legally" have the first two, it could be assumed that they either lied or falsified the documents making the marriage null and void.

    Getting married in the US. without a license is not recognized as a "legal bond". Religious ceremony's alone are not accepted as "proof" of marriage!

    However, if the marriage occurred while the immigrant was in the country "legally", such as having a green card or visa that has since expired, then there may be a case to be considered, but there are still penalties.

    Source(s): Just because you didn't get caught, doesn't mean you didn't do it!
    • chris
      Lv 7
      4 months agoReport

      Thanks Foofa! I try not to replicate previous answers but add to them if possible. Some people don't understand that.

  • 4 months ago

    Not automatically. It remains theoretically possible that they might become a citizen someday, but it is much more difficult than if they had remained unmarried. The main difficulty is convincing the government that it is a real marriage, motivated solely by love, and not a sham to get citizenship.

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  • 4 months ago

    No. The illegal alien must return to their country of citizenship. NO way to change their status, or get any type of visa or green card, even through marriage if the person is not legally present. They return to their own country, and will be barred from reentry (most commonly 10 years, since they typically have been in US illegally for a year or more, unless they have committed any crime, been deported previously, etc.).

    They can arrange their US spouse's immigration to their country once they are back there. If spouses do not live together, it will become very difficult to prove a viable, ongoing & committed marital relationship to attempt sponsoring them for immigration after they complete their bar to reentry. Waivers of inadmissibility are becoming tougher & tougher to get, and most people simply do not even qualify to apply. Sure, you can hire an attorney, at costs of up to $25,000, to no avail. Plan on moving to your illegal alien spouse's country, and perhaps permanently, not just for the duration of their bar. Their record of immigration violations will always be against them.

  • 4 months ago

    nope! marriage don't help them become legal

  • 4 months ago

    For my greencard I had to provide my birth certificate, my passport plus of course the documents relating to my application and the 1-94 that showed I entered the country legally.

    For my citizenship application 35 years later I had to produce those all over again (except the I-94) plus the greencard and show that I had paid my taxes in full and had not broken any laws.

    Perhaps I am missing something but the word 'undocumented' at least in English, means those documents are missing. So how would any of this be able to happen? As we say in England, you will fall at the first fence because even getting married is impossible without documents.

  • Anonymous
    4 months ago

    Not anymore they don't. It isn't automatic anymore. The individual must apply first for a fiancé Visa and then, if they get approval, have to get married in 90 days.

    • ibu guru
      Lv 7
      4 months agoReport

      The illegal alien MUST return to their country of citizenship, and they will be barred from reentry. No change of status within US, and no way to file petition to sponsor while they are under bar to reentry for their immigration violation. And citizenship never was "automatic."

  • .
    Lv 7
    4 months ago

    No, but they can get in line to apply for citizenship

  • 4 months ago

    not automatically

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