If I marry a U.S. Citizen, do I automatically have legal status?

No. Spouses of U.S. Citizens must file a series of forms to start the process of legal permanent residency (green card status). Each of the forms must be approved by the USCIS in order for the spouse to become a Legal Permanent Resident. Three years after becoming a Legal Permanent Resident based on marriage to a U.S. Citizen, the foreign spouse may apply for naturalization (citizenship). It is important to note that foreign spouses who originally entered the United States on a visa can process their paperwork in the United States without having to leave and that foreign spouses who did not originally enter the U.S. with a visa must return to their home consulate office for final processing. Final processing through the consulate offices usually requires an immigration attorney to prepare a Waiver of Inadmissibility for Unlawful Presence in cases where the foreign spouse has remained in the United States out of lawful status for more than 180 days. There is a wait time of 6-12 months in the foreign spouse’s home country prior to a decision being made on the Waiver. For families who foreign spouse did not enter on a visa, it is very important to understand that legal status cannot be achieved without a significant wait outside of the United States unless that spouse qualifies for amnesty relief based on a prior petition filed before April 30, 2001.

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