Legal Question in Family Law in Washington
I came to the US when I was six on my mother's visa. I never became a citizen and am now 29. I've been married for nine years to a US Citizen and have 3 children. Is our marriage legal?
2 Answers from Attorneys
I cannot from the facts you have provided tell you whether your marriage is legal; however none of the facts you have provided would suggest that it is not legal.
If you are asking whether your marriage is legal because your immigration status may have expired, I would say yes, provided you obtained a marriage license, had a properly authorized person perform the ceremony, and you and your husband are not otherwise prohibited from marrying (such as if one of you has an existing marriage, or you are too closely related, etc.).
On a side note, if you are out of status on the basis that your mother's visa expired and unlike her, you never obtained citizenship, if you have remained continuously in the United States, and have not been in removal proceedings, then it is possible for you to legalize based upon your marriage to a U.S. citizen without you having to depart the United States.
I'd be happy to discuss your options if you e-mail or call my office.