Marrying an immigrant

[engaged15]

What is the name of your state? Tennessee

I've been dating an illegal immigrant from a South American country that does not qualify for asylum

She's only been here 7 months (from overstaying travel visa 1 month now) and she's pressuring marriage - the rush is obviously so that she can have papers to work legally and avoid deportation. But also (ostensibly at least) to start a life and family here.

We've been dating 5 months after meeting on a dating app, Tinder, it's a committed monogamous relationship, and in all respects (other than me having to improve my spanish which I dont mind) she is LEAGUES above any of the "legal american citizens" I've found on the apps

Nevertheless I dont want to marry so soon, I'd like to wait a few years to be careful, for obvious reason! But that wont work for her, she cant wait and needs to do something about getting papers/citizenship asap (when on the dating app she was getting marriage proposals all the time BTW). Other avenues for citizenship (student visa etc) are not options, but if we marry it would be a legit marriage since we are a legit couple

The question is...if we marry and we end up getting a divorce down the road, could I use the fact that I was pressured to marry earlier that I wanted (so that she could get citizenship) to help protect me from being taken to the cleaners later?

Is there anything about marrying an immigrant (other than a prenup) that would automatically help me by default if that happened?

 

[Zigner]

Do the prenup with the help of attorneys. Yes, an attorney for you and a different attorney for her.
Then, just pray that the gov't buys your love story as much as you do.

With that said - You're jumping into the deep end and setting yourself up for failure.

 

[Bali Hai Again]

What is the name of your state? Tennessee

I've been dating an illegal immigrant from a South American country that does not qualify for asylum

She's only been here 7 months (from overstaying travel visa 1 month now) and she's pressuring marriage - the rush is obviously so that she can have papers to work legally and avoid deportation. But also (ostensibly at least) to start a life and family here.

We've been dating 5 months after meeting on a dating app, Tinder, it's a committed monogamous relationship, and in all respects (other than me having to improve my spanish which I dont mind) she is LEAGUES above any of the "legal american citizens" I've found on the apps

Nevertheless I dont want to marry so soon, I'd like to wait a few years to be careful, for obvious reason! But that wont work for her, she cant wait and needs to do something about getting papers/citizenship asap (when on the dating app she was getting marriage proposals all the time BTW). Other avenues for citizenship (student visa etc) are not options, but if we marry it would be a legit marriage since we are a legit couple

The question is...if we marry and we end up getting a divorce down the road, could I use the fact that I was pressured to marry earlier that I wanted (so that she could get citizenship) to help protect me from being taken to the cleaners later?

Is there anything about marrying an immigrant (other than a prenup) that would automatically help me by default if that happened?

Use the fact that you were pressured to marry as in a shotgun wedding? If you tried to use that fact in your divorce you would just look stupid. Let some other sucker marry her. Come back and let us know how things went with your future ex-wife.

 

[Just Blue]

What is the name of your state? Tennessee

I've been dating an illegal immigrant from a South American country that does not qualify for asylum

She's only been here 7 months (from overstaying travel visa 1 month now) and she's pressuring marriage - the rush is obviously so that she can have papers to work legally and avoid deportation. But also (ostensibly at least) to start a life and family here.

We've been dating 5 months after meeting on a dating app, Tinder, it's a committed monogamous relationship, and in all respects (other than me having to improve my spanish which I dont mind) she is LEAGUES above any of the "legal american citizens" I've found on the apps

Nevertheless I dont want to marry so soon, I'd like to wait a few years to be careful, for obvious reason! But that wont work for her, she cant wait and needs to do something about getting papers/citizenship asap (when on the dating app she was getting marriage proposals all the time BTW). Other avenues for citizenship (student visa etc) are not options, but if we marry it would be a legit marriage since we are a legit couple

The question is...if we marry and we end up getting a divorce down the road, could I use the fact that I was pressured to marry earlier that I wanted (so that she could get citizenship) to help protect me from being taken to the cleaners later?

Is there anything about marrying an immigrant (other than a prenup) that would automatically help me by default if that happened?

There is so many red flags waving I'm having difficulty reading your post.

Seriously, she should consult an immigration attorney to see what her options are... you should attend the consult to hear FOR YOURSELF what her legal options are.

 

[zddoodah]

if we marry and we end up getting a divorce down the road, could I use the fact that I was pressured to marry earlier that I wanted (so that she could get citizenship) to help protect me from being taken to the cleaners later?

That's a ridiculously vague question, but you appear to be well aware of the potential risks. If you want to get married, get married. If you don't, then don't. If you voluntarily choose to get married, the only way the situation would help you in a divorce would be if you could prove some sort of fraudulent intent on your wife's part (and proving that might prove more expensive than what you might save in an equitable division of marital property). Of course, you could also see if she's willing to sign a prenup.

Is there anything about marrying an immigrant . . . that would automatically help me by default if that happened?

No.

 

[LdiJ]

That's a ridiculously vague question, but you appear to be well aware of the potential risks. If you want to get married, get married. If you don't, then don't. If you voluntarily choose to get married, the only way the situation would help you in a divorce would be if you could prove some sort of fraudulent intent on your wife's part (and proving that might prove more expensive than what you might save in an equitable division of marital property). Of course, you could also see if she's willing to sign a prenup.




No.

In order to keep her in the US he would have to sponsor her as well as marry her. No prenup would protect him from the legal obligations under sponsorship.

 

[engaged15]

In order to keep her in the US he would have to sponsor her as well as marry her. No prenup would protect him from the legal obligations under sponsorship.

Why would I have to sponsor her if she is already here on her own accord? It's not like I'm bringing her here overseas myself

 

[Just Blue]

Why would I have to sponsor her if she is already here on her own accord? It's not like I'm bringing her here overseas myself

She is currently here on a visitor visa (overstayed). To live here someone will have to sponsor her.

Seriously...walk away from this.

 

[bcr229]

Why would I have to sponsor her if she is already here on her own accord? It's not like I'm bringing her here overseas myself

You would have to sign the I-864 so she doesn't become a burden on government resources. Here is why doing that is a bad idea:
https://www.nolo.com/legal-encyclopedia/immigrant-ex-spouse-moved-rich-relation-really-need-support.html

 

[engaged15]

She is currently here on a visitor visa (overstayed). To live here someone will have to sponsor her.

Seriously...walk away from this.

So in other words, I'm held even MORE liable if I divorce somebody immigrating here as opposed to marrying a US citizen, due to me having to sign an affadavit of support I-864 (which I didn't know about)?! But that sponsorship only applies to any amount of public aid/welfare they get IF they enroll and receive it, right?

 

[LdiJ]

So in other words, I'm held even MORE liable if I divorce somebody immigrating here as opposed to marrying a US citizen, due to me having to sign an affadavit of support I-864 (which I didn't know about)?! But that sponsorship only applies to any amount of public aid/welfare they get IF they enroll and receive it, right?

No, it does not. You have to provide the support so that they will never have to even apply for public aid/welfare. Unless of course they are self supporting under the law's definition of self supporting. This is a deal you make with the government in order to keep them in the US on a permanent basis.

 

[adjusterjack]

She's only been here 7 months (from overstaying travel visa 1 month now) and she's pressuring marriage -

"Pressuring marriage."

That speaks volumes.

Marry in haste, repent at leisure.

 

[Zigner]

So in other words, I'm held even MORE liable if I divorce somebody immigrating here as opposed to marrying a US citizen, due to me having to sign an affadavit of support I-864 (which I didn't know about)?!

Somebody else could sign it - doesn't have to be you.

 

[Ohiogal]

What is the name of your state? Tennessee

I've been dating an illegal immigrant from a South American country that does not qualify for asylum

She's only been here 7 months (from overstaying travel visa 1 month now) and she's pressuring marriage - the rush is obviously so that she can have papers to work legally and avoid deportation. But also (ostensibly at least) to start a life and family here.

We've been dating 5 months after meeting on a dating app, Tinder, it's a committed monogamous relationship, and in all respects (other than me having to improve my spanish which I dont mind) she is LEAGUES above any of the "legal american citizens" I've found on the apps

Nevertheless I dont want to marry so soon, I'd like to wait a few years to be careful, for obvious reason! But that wont work for her, she cant wait and needs to do something about getting papers/citizenship asap (when on the dating app she was getting marriage proposals all the time BTW). Other avenues for citizenship (student visa etc) are not options, but if we marry it would be a legit marriage since we are a legit couple

The question is...if we marry and we end up getting a divorce down the road, could I use the fact that I was pressured to marry earlier that I wanted (so that she could get citizenship) to help protect me from being taken to the cleaners later?

Is there anything about marrying an immigrant (other than a prenup) that would automatically help me by default if that happened?

SO you want to admit to committing immigration fraud in order to not have to share assets in a divorce? Oh and if she overstayed, she may not be able to change her status without returning to her home country. And no there is nothing that would automatically help you by default.

 

[LdiJ]

SO you want to admit to committing immigration fraud in order to not have to share assets in a divorce? Oh and if she overstayed, she may not be able to change her status without returning to her home country. And no there is nothing that would automatically help you by default.

The bolded does not apply when marriage is involved. It applies in most other cases, but not that one. Marriage AND sponsorship would keep her here, baring of course any extraordinary circumstances, like failing the background check due to a criminal record.