If you are attempting to get a permanent visa by marriage to an American citizen and your initial entry into the U.S was illegal (you did not have a visa when you entered the U.S.), you may not be eligible for a visa while you are living in the U.S. To begin the application process, the American spouse should complete form I-30, called a Petition for Alien Relative, in order to show their intent to sponsor the immigrant spouse, and submit it to their local USCIS office. The sponsor spouse must also submit a certified copy of their birth certificate. Photos of both spouses must also be submitted with this form. The filing fee is $185. Be aware that entering on a tourist visa with the intent to be married to an American citizen is considered fraud by the BCIS and may be grounds for deportation. You should contact an immigration lawyer if this applies to you. Do I Need an Immigration Lawyer?
The immigrant spouse who has entered the U.S. illegally may be unable to apply for a green card without leaving the U.S. Also, if the immigrant spouse leaves the U.S., the BCIS may penalize the immigrant for their illegal entry and prevent their return to the U.S. for many years. An immigration lawyer can advise you of the best strategy in obtaining a green card. |
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