Is there consequences for Marrying an illegal immigrant?

[SHORTY LONG]

What is the name of your state? Ohio

Respectfully, is it possible for a US Citizen to lawfully marry an illegal undocumented alien?
What, if any would be the consequences for such actions in marrying the person?

Thank you in advance,
Shorty

 

[ImmigAttyLana]

Marry yes, but confer immigration benefits within the US--NO!

 

[evcalyptos]

What is the name of your state? Ohio

Respectfully, is it possible for a US Citizen to lawfully marry an illegal undocumented alien?
What, if any would be the consequences for such actions in marrying the person?

Thank you in advance,
Shorty

hiya Shorty..

As we discussed last week, there is no consequence for getting married. There's no immigration benefit from it (directly), but it's possible.

Why do you ask?

 

[SHORTY LONG]

hiya Shorty..

As we discussed last week, there is no consequence for getting married. There's no immigration benefit from it (directly), but it's possible.

Why do you ask?

Hi Evcalyptos. I was thinking about an earlier poster who wanted to help an illegal Mexican family become legal.

Does Immigration benefits mean the same as Government benefits as we know them?
If so, then does this mean that the illegal undocumented alien who would now be
legally married to a US Citizen not be entitled to his or her will; and medical etc?

 

[seniorjudge]

...

As we discussed last week, there is no consequence for getting married.

....

You have obviously never been married!

 

[evcalyptos]

Hi Evcalyptos. I was thinking about an earlier poster who wanted to help an illegal Mexican family become legal.

Does Immigration benefits mean the same as Government benefits as we know them?
If so, then does this mean that the illegal undocumented alien who would now be
legally married to a US Citizen not be entitled to his or her will; and medical etc?

No, "Immigration Benefits" are specific to what one would gain in immigration status.

IE: My husband became eligible for US immigration benefits based on his marriage to me, but only --through--me. I was allowed to petition the US gov't to allow him to apply for a visa because he was my Immediate Relative.

"Benefits" as used in common jargon to refer to welfare, food stamps etc are something else entirely.

Civil laws are another thing altogether, and an EWI (Entry Without Inspection) alien living in the US would probably (I've never looked into this) be entitled to a claim to their USC spouse's estate (ie will) but I have no idea of the mechanics of that.

Insurance companies and similar each have their own rules regarding legal residency.
Ever notice how some contests and sweepstakes (I think our State lottery, too) require you to be a 'legal US resident' to participate? Those are all private companies/organizations that can do what they like.

It's not easy to live in the underground economy, but it's certainly possible.

 

[evcalyptos]

You have obviously never been married!

<g> I shoulda known better.. my consequence is out building something necessary in his shop right now...

 

[SHORTY LONG]

No, "Immigration Benefits" are specific to what one would gain in immigration status.

IE: My husband became eligible for US immigration benefits based on his marriage to me, but only --through--me. I was allowed to petition the US gov't to allow him to apply for a visa because he was my Immediate Relative.

"Benefits" as used in common jargon to refer to welfare, food stamps etc are something else entirely.

Civil laws are another thing altogether, and an EWI (Entry Without Inspection) alien living in the US would probably (I've never looked into this) be entitled to a claim to their USC spouse's estate (ie will) but I have no idea of the mechanics of that.

Insurance companies and similar each have their own rules regarding legal residency.
Ever notice how some contests and sweepstakes (I think our State lottery, too) require you to be a 'legal US resident' to participate? Those are all private companies/organizations that can do what they like.

It's not easy to live in the underground economy, but it's certainly possible.

Thank you Evcalyptos for a thorough explanation to my raised questions. Is this
correct, that, Immigration benefits are visas and other forms, issued by the Immigration folks, and nothing more?

Where would this now put the lawful married undocumented alien at in the scheme
of things as to, are they now a US Citizen or not? If not, then there really would not
be any benefit for a US citizen to marry an undocumented alien for lawful reasons would there?

Yes, I see the disclosure on the Game shows, and elsewhere. I always find it interesting in
that, it is in very small print, and never stays long on the air for one to read it all.
Go figure.

 

[evcalyptos]

Thank you Evcalyptos for a thorough explanation to my raised questions. Is this
correct, that, Immigration benefits are visas and other forms, issued by the Immigration folks, and nothing more?

Where would this now put the lawful married undocumented alien at in the scheme
of things as to, are they now a US Citizen or not? If not, then there really would not
be any

I should've just googled the better definition for you:
http://tinyurl.com/tt4se
(from uscis.gov)
Included among the immigration benefits the USCIS oversees are: citizenship, lawful permanent residency, family- and employment-related immigration, employment authorization, inter-country adoptions, asylum and refugee status, replacement immigration documents, and foreign student authorization.

The reason people usually marry in US culture is called 'love', although that is not a requirement for a valid marital union in immigration-talk. The social or other benefits a US citizen gets from being married to another person are wide and varied.. and there is (or is not, depending) a tax consequence for being married, as well as legitimating children and all the other blah blah attached.

When a non-US citizen marries a US citizen, they do not become a US citizen automatically. In fact, immigration wise, nothing happens to them or for them until the US citizen initiates the petition I mentioned above.

To become a US citizen, an alien (simply a non-US citizen) must become a Legal Permanent Resident first. LPRs have a document called a Green Card to show their status.

Once a person has been an LPR for 5 years (and meet the other requirements), they can APPLY to become a US citizen, a process called Naturalization.
If the alien is the spouse of a US citizen, that 5 years is reduced to 3 years as an LPR (plus other requirements). This is what my husband did; he immigrated to the US based on our marriage, lived in the US for 3 years as an LPR and naturalized to US citizenship.

If an alien has entered the US illegally (not inspected), their path to even becoming an LPR is more difficult and time consuming.
If an alien entered the US legally but overstayed their period of legal admission, their overstay time is forgiven and they can legalize their status if they are married to a US citizen.

There are essentially 9 ways to become a Permanent Resident of the US, outlined in this article: http://britishexpats.com/wiki/Pulaski's_Ways:_How_to_Live_and_Work_in_the_USA

An alien in the US legally or not must have a basis to start their immigration (outlined in the article). Someone who comes here as a visitor for example, can't simply apply to be a resident without a qualifying basis.

 

[SHORTY LONG]

I should've just googled the better definition for you:
http://tinyurl.com/tt4se
(from uscis.gov)
Included among the immigration benefits the USCIS oversees are: citizenship, lawful permanent residency, family- and employment-related immigration, employment authorization, inter-country adoptions, asylum and refugee status, replacement immigration documents, and foreign student authorization.

The reason people usually marry in US culture is called 'love', although that is not a requirement for a valid marital union in immigration-talk. The social or other benefits a US citizen gets from being married to another person are wide and varied.. and there is (or is not, depending) a tax consequence for being married, as well as legitimating children and all the other blah blah attached.

When a non-US citizen marries a US citizen, they do not become a US citizen automatically. In fact, immigration wise, nothing happens to them or for them until the US citizen initiates the petition I mentioned above.

To become a US citizen, an alien (simply a non-US citizen) must become a Legal Permanent Resident first. LPRs have a document called a Green Card to show their status.

Once a person has been an LPR for 5 years (and meet the other requirements), they can APPLY to become a US citizen, a process called Naturalization.
If the alien is the spouse of a US citizen, that 5 years is reduced to 3 years as an LPR (plus other requirements). This is what my husband did; he immigrated to the US based on our marriage, lived in the US for 3 years as an LPR and naturalized to US citizenship.

If an alien has entered the US illegally (not inspected), their path to even becoming an LPR is more difficult and time consuming.
If an alien entered the US legally but overstayed their period of legal admission, their overstay time is forgiven and they can legalize their status if they are married to a US citizen.

There are essentially 9 ways to become a Permanent Resident of the US, outlined in this article: http://britishexpats.com/wiki/Pulaski's_Ways:_How_to_Live_and_Work_in_the_USA

An alien in the US legally or not must have a basis to start their immigration (outlined in the article). Someone who comes here as a visitor for example, can't simply apply to be a resident without a qualifying basis.

Evcalyptos, if you and your husband will not mind, then a big hug with many thanks to you for going the extra mile in making things a lot clearer, with meaning and understanding. In essence, the undocumented one who enters illegally has a lot longer time to go through the required process. Hence, "It's not easy to live in the underground economy, but it's certainly possible." Just as in being poor, it is very expensive so to speak.

I will read the links you searched out; and the tips too. Is that "Pulaski" the movie director who was married to Sharon Tate; and murdered by the Manson crazies. Thought I would ask because of the name, but after I read it I will know.

I never fully understood our Tax system, that is, it in one hands penalizes married folks for being married; and on the other hand, it gives you tax incentives for being shacked up together.

Many thanks again for your time, help, patience, and understanding Evcalyptos.

 

[justalayman]

You have obviously never been married!

You beat me to it. As I started reading the thread, I thought that same thing and then..POW. SJ says it.

 

[seniorjudge]

...

I will read the links you searched out; and the tips too. Is that "Pulaski" the movie director who was married to Sharon Tate; and murdered by the Manson crazies. Thought I would ask because of the name, but after I read it I will know.

I never fully understood our Tax system, that is, it in one hands penalizes married folks for being married; and on the other hand, it gives you tax incentives for being shacked up together.

....

Amen and amen on the tax remark. You TAX what you want to destroy and you SUBSIDIZE what you want to increase.

Google roman polanski on your other question. (He's a creep of incredible magnitude.)

 

[seniorjudge]

You beat me to it. As I started reading the thread, I thought that same thing and then..POW. SJ says it.

My mind runs in pretty shallow channels.

 

[seniorjudge]

<g> I shoulda known better.. my consequence is out building something necessary in his shop right now...

Good for you. Keep them immigrants busy.

I sent my Canadienne out working too!!!

 

[SHORTY LONG]

Amen and amen on the tax remark. You TAX what you want to destroy and you SUBSIDIZE what you want to increase.

Google roman polanski on your other question. (He's a creep of incredible magnitude.)

Thanks your Honor; I like your take on taxes also.

And with out a doubt of a shout, yes [rp] is a sicko many times over.

It was not the same name in what Evcalyptos shared. The name was close, but no cigar.