Legal Question in Immigration Law in Virginia

US citizen marrying an illegal alien

My friend is a US Citizen living in Virginia is getting married to an illegal alien from Mexico and she wants to know:

1)can they just go to the local courthouse and get married, and as long as it is a legal marriage by the state of Virginia then it is legal in the eyes of INS?

2)What exact steps does he have to take after that to get the greencard and what fees to be paid?

3)How long is the process to get a greencard?

4)Will they give his wife (the illegal) a temporary social security number that she can start to use as soon as they get married (or how does she go about getting it?)

5)While the process is going on, are there any restrictions to them going back to mexico together to meet and visit with her family?

Thanks.


Asked on 12/19/03, 4:07 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: US citizen marrying an illegal alien

Yes, your friend and his illegal alien fiance can go to any Virginia courthouse and be legally married in the eyes of the Commonwealth. Marriage is an act governed largely by state law and, therefore, an agency of the federal government such as the Burerau of Citizenship and Immigration Services(formerly the INS)is not required to take any particular view of the matter matter itself, unless it was patently fraudulent.

What the Bureau will look at, however, is whether this illegal alien who is now married to an American citizen has taken the appropriate steps to adjust her immigration status by filing the appropriate I-130 petition.

Until these steps are taken to adjust her status,

the answers to your other questions would amount to little more than idle speculation.

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Answered on 12/20/03, 8:07 pm


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