What’s unclear to me is the wife’s status. It’s implied she’s a US citizen. I thought marriage to a US citizen was the magic wand that made even the most unclean illegal a USCIT.
Is that not true?
“I thought marriage to a US citizen was the magic wand that made even the most unclean illegal a USCIT.”
No, you have to apply for citizenship. There isn’t a limit on the number of visas/green cards for spouses, but IIRC - it has been 38 years since my marriage - you have to ENTER the US on a visa as a married person. My wife & I married overseas (I was in the military) and she had to have a background check. Then apply for an entry permit as someone seeking to live in the US full time. Because I was military, she could apply for citizenship while overseas.
But here illegally and then one marries? No rights at all.
Marriage means you get to file I-130, pay about 2k in fees total, and the process often takes 2 years until you have a Green Card. Been there. Done that.
It cost the IRS more as they lost nearly 100k in tax revenue due to how long the process takes & me choosing to spend most of ny time overseas with my wife.
>> I thought marriage to a US citizen was the magic wand that
>> made even the most unclean illegal a USCIT.
>> Is that not true?
That is not true at all.
You follow a lengthy application process, background checks, interviews, pay fees including legal fees and in the end you are still subject to the sole discretion of an immigration officer.
I personally went through the process, as my wife came over on a fiancee visa (she’s a US citizen now). We had a very “clean” case with no red flags or complications, but when the time came to get her permanent green card, USCIS demanded additional evidence as to the bona fide of our marriage. At the time my wife was pregnant with our son. Our lawyer wrote them a strongly worded letter, attaching the medical evidence - basically saying, they are having a child together, what further evidence do you need.
It is not true.
Not if you have already broken your visa status.