Legal Question in Immigration Law in Kentucky

Re: marrying and illegal

If you do not have a 'bona fide' (good faith) relationship, you would be committing fraud and could potentially be prosecuted. According to current regulations, any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws" can be subject to a penalty of five years imprisonment and a $250,000 fine. Furthermore, if the Immigration Service determines that the marriage was not entered into in good faith and was solely to circumvent immigration laws, the immigrant beneficiary could be barred from adjusting status to become a permanent resident by other means or subsequent marriages. Additionally, you should note that a person who last entered the USA illegally (without inspection) would not be able to complete the adjustment of status process while remaining in the USA, even if he/she is married to a US Citizen. If you file a visa petition for a spouse (assuming he/she qualifies), your marriage will be subject to scrutiny by the Immigration Service at least for the next few years. I hope this answers your question.