Can I Be Deported If I Am Married To A Citizen?

Deportation and Marriage

Many people find out the hard way that being married to a citizen is no guarantee that they will be able to get a green card. In many situations, being married to a U.S. citizen does not even guarantee that a non-citizen spouse has the legal right to live in the U.S.

Marrying a significant other that is a U.S. Citizen or green card holder is one way to try to legally acquire a green card but it is not necessarily the fastest way to get one.

The unfortunate reality is that, a person that is married to a U.S. citizen can be deported for a variety of reasons that the couple has no control over and can’t change even if they seem grossly unfair. One way to help prevent this from happening to you is to make sure that you follow all of the United States Citizenship and Immigration Services’ (USCIS) requirements and provide proper documentation within USCIS’ standards.

Even though it is not always easy to get, having a green card is a key way to prevent deportation

Marriage Green Card

There are a few key qualifications that must be met if you want to get a green card through marriage. Some of these qualifications are:

Lawful Entry

It is very important for a green card applicant that is already in the United States to be here legally. Except in some extenuating circumstances, lawful entry is a typical requirement for a green card application through marriage. A person who has entered the U.S. illegally cannot apply for a green card through marriage.

If you want to marry a U.S. citizen and are already in the U.S. illegally, even though you cannot apply for a marriage green card, you may be able to file a 601A, Application for Provisional Unlawful Presence Waiver. If your situation requires you to do this, it is recommended that you enlist the help of an immigration lawyer who is experienced with successfully helping people in situations that are the same or similar to the one that you are in.

Authentic Marriage

Even though people have successfully gotten a green card through marriage when the marriage was arranged specifically for the purpose of the non-citizen getting a green card, this is illegal and is not recommended. Couples applying for a green card through marriage must provide voluminous amounts of information and records to prove the validity of their relationship. Marriage green card applicants are usually subject to intense scrutiny from immigration officials.

Proof of Income

Green card applicants must be able to demonstrate that they will be able to support themselves financially and will not become a burden to the U.S. welfare system. U.S. citizens that file for immigrant spouses must show a minimum level of income from their tax returns as well as they need to satisfy an “affidavit of support”.

Medical Exam

All green card applicants, not just marriage green card applicants, must pass a green card medical exam. 

Although there are no guarantees, making sure that you apply for a green card within the guidelines and requirements of the USCIS, is a step in the right direction to help prevent you from getting taken away from your loved one because of deportation.

For green card, immigration, and visa, information and news, be informed with National Visa Attorney.