The latest versions of the forms, plus instructions, are available for free download on the Forms page of the USCIS website. The filing fees were supposed to change in , but lawsuits have put the change on hold.
If you're 79 or older, you don't need to get or pay for biometrics. The fee for Form I includes the initial application for a travel document "advance parole" , which you can request by filing Form I , and for work authorization, which you can request by filing Form I However, if you have overstayed your visa, you should talk to an attorney before using your travel document to leave the U. The policy has become more lenient toward green card applicants with advance parole, but check in with an attorney just in case.
All of this depends on your ability to prove that you entered the U. If you entered the U. You will also need to show that your marriage was entered into in good faith rather than to take advantage of U. You can do so by providing evidence such as photographs, a marriage certificate, utility bills, bank statements, and a lease or insurance policies in your name as well as your U.
If you have children together, submit copies of their birth records showing both your names listed as parents. Once you complete your fingerprinting and interview with your spouse at your local U. Citizenship and Immigration Services USCIS office, you will likely be issued a two-year, conditional green card, and then be eligible to travel.
If you enter the U. As a legal punishment for your unlawful entry, you will not be able to apply for a green card within the United States. Once approved, that petition will be forwarded to the consulate located in or near your home country, where you will need to go for further processing. But the self-deportation order likely would have disqualified Beristain from a hardship waiver, leaving him unable to adjust his status and become a legal resident — despite marrying a US citizen.
For almost two decades — through three US presidential administrations — ICE declined to forcibly remove him, allowing Beristain to simply drop by for annual check-ins.
He bought a small restaurant business that employed 20 people. He had four children and contributed to a conservative, small-town community that loved him. His wife voted for Trump, believing that there was no cause to remove someone like her husband.
He was deported two months later. Obtaining legal status by marrying a US citizen: long, arduous, expensive Undocumented immigrants do not automatically become naturalized after marrying a US citizen; they must go through an application process that is long, arduous, and expensive.
Are You New to Immigration Reform? Search Query:. If you are an undocumented immigrant, there are some routes available to you if you wish to get married and remain in the UK. For some couples, it may be a more viable option to legally marry outside of the UK and then apply to come to the UK under a form of Partner Visa permissions.
The aim would then be to obtain indefinite leave to remain. However, it is important to note that if a couple intend to apply for a Spouse Visa to settle in the UK, there is a significant threshold to prove that the applicants are in a genuine marriage and that they meet the Spouse Visa requirements as outlined by the Home Office.
There is also a requirement that stipulates that applicants must have a good immigration record and that they fulfil the suitability requirements of the Spouse Visa.
For some applicants, it is possible to come to the UK on a short-term basis for the purposes of marrying your partner under a permission known as the Marriage Visitor Visa. This does not give the holder the right to stay in the UK and it is not the same as indefinite leave to remain , but may make the process of joining your partner permanently in the UK easier.
There is an immigration route known as the Unmarried Partner Visa route. This enables couples who are in a de facto marriage-like relationship but who are not legally married to live with their partner in the UK.
If you are granted a Spouse Visa, you will be able to stay in the UK for 33 months if you applied outside the UK or 30 months if you applied from the UK. This visa can be extended for another 30 months if you meet the eligibility criteria. Following this extension, you may be able to apply for indefinite leave to remain if you fulfil the immigration requirements.
It is important to note that being married to a British citizen or person with settled status in the UK does not automatically grant citizenship to their spouse. However, if you hold indefinite leave to remain for one year, you may be eligible to apply for British citizenship. There is an application process and suitability requirements in order to be granted indefinite leave to remain.
Holding British citizenship allows you the same rights as British citizens. You may live, work, and study in the UK without restriction. Similarly, you will be granted a British passport and will be able to travel with the same rights as British citizens.
At the Immigration Advice Service, we help people with all areas of immigration law. If you are an undocumented immigrant who wants to know more about their options for marrying your partner and living in the UK, contact us for a discussion on how we can support you.
Our team of specialist immigration solicitors are highly qualified and trained in all aspects of immigration law. We will be able to work with you on your case to explore your legal options and decide what is best for you and your partner. When you engage the services of an immigration lawyer, you will receive our support through each stage of the process. We can assist with immigration matters including applications, appeals, immigration detention, and asylum cases.
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