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What If I Entered the U.S. Illegally but I Married a Citizen?
Savage Law
August 21, 2023

Family reunification remains at the forefront of U.S. immigration policy. Generally, U.S. citizens and lawful permanent residents (LPR) can obtain a visa or green card for their foreign-born spouses and help them migrate to the United States through a marriage-based immigration petition.


However, various issues often arise when the non-U.S. citizen spouse is undocumented or entered the United States illegally prior to the marriage. If you or your partner is in such a situation, it may be beneficial to speak with a knowledgeable Rhode Island immigration law attorney for detailed guidance.


The Savage law is dedicated to offering experienced legal guidance to clients in complicated marriage-based immigration matters involving undocumented spouses. Attorney Layne C. Savage can work to understand your unique circumstances and enlighten you about your options to apply for a green card after marriage.


In addition, she will guide you through the legal procedures involved and help you achieve the most favorable outcome. The firm proudly serves clients across Providence, Rhode Island, and surrounding communities throughout the state, as well as Boston, Massachusetts.

Eligibility for a Green Card

As mentioned earlier, a U.S. citizen spouse can help their foreign-born partner obtain a green card by filing a marriage-based immigration petition. Here are the necessary requirements to adjust your status to permanent resident or be eligible for a marriage green card:


  • There must be a lawful and valid marriage to a U.S. citizen partner or green card holder (petitioner).
  • The marriage must be officially recognized in the region or country where it occurred.
  • The marriage must be based on a genuine, bona fide relationship and not for immigration purposes.
  • You and your partner must only be married to each other.


An experienced attorney can enlighten you about complicated factors, determine whether your foreign-born partner is eligible for a green card, and guide you through the application process.

Complicating Factors When Applying for a Green Card

Even when the marriage between the green card holder or U.S. citizen partner and the undocumented spouse is legal and valid, there are certain complicating factors when applying for a green card. This includes:


  • The immigrant spouse entered or crossed the U.S. border unlawfully without inspection.
  • The immigrant spouse spent several months (or more than 180 days) in the United States after an illegal entry.
  • The immigrant spouse may face various penalties for the illegal presence.
  • Whether the immigrant spouse left the U.S. and has been barred from re-entry.


A dedicated immigration lawyer can explore your possible options to apply for a marriage green card and determine how to overcome these obstacles.

Applying for a Green Card After Marriage if You Are Illegal

Here are some of the possible options to apply for green after marriage if you’re undocumented: 

Exceptions for Adjustment of Status

Some available exceptions that allow you or the undocumented spouse to adjust their immigration status include:


  • The U.S. citizen can file for their undocumented partner as an immediate relative.
  • A technical violation of status not caused by the undocumented partner.

Leave Before 180 Days of Illegal Stay

As mentioned earlier, entering the U.S. illegally and staying for more than 180 days may result in a re-entry bar and other penalties. Conversely, if the undocumented spouse leaves before 180 days of illegal stay, they can avoid the re-entry bar and may be eligible to apply for a green card through the consulate or U.S. embassy in their home country.

Waivers of Your Unlawful Presence

Alternatively, the undocumented spouse can file a petition for unlawful presence waivers. Thus, allowing them to stay in the United States during their green card application.

The Process to Get a Green Card After Marriage

If you entered the U.S. illegally and are married to a U.S. citizen or green card holder, here are the steps to apply for a green card after marriage:


  • Reach out to an experienced attorney to guide you through the process and help protect your rights.
  • Complete Form I-130, Petition for Alien Relative, and submit it to the USCIS.
  • Provide the necessary documentation and evidence, such as a marriage certificate and wedding pictures, to establish a legal and valid marriage.
  • Determine your eligibility for a green card.
  • Complete and submit Form I-485, Adjustment of Status – if the undocumented spouse is in the U.S. Alternatively, the foreign-born spouse can apply for a green card through the National Visa Center (NVC) if they’re not in the United States.
  • Prepare and attend the green card interview. The immigration officer will ask about your relationship, marital union, and future plans.
  • Also, you should remain in the United States throughout the green card application process.


An experienced marriage visa attorney can help file your marriage green card petition, coach you extensively for the interview, and help ensure a seamless and successful application.

Dependable Legal Guidance

Applying for citizenship and getting a green card involves several complexities, even as an undocumented spouse after marrying a U.S. citizen or green card holder. However, with the right information and reliable guidance, you may be able to overcome these complicated factors. Attorney Layne C. Savage has devoted her career to advising and guiding clients in their immigration-related matters.


As your legal counsel, Layne can determine your eligibility for a green card and explore your possible legal options to apply. Using her extensive knowledge of the U.S. immigration system, Attorney Layne C. Savage can guide you through the legal steps to adjust your status, coach you extensively for the interview, and improve your chances of a successful outcome.


If you are in the U.S. illegally, married to a citizen or LPR, but want to change your status, contact the Savage Law today to schedule a simple consultation. Attorney Layne C. Savage can advise you about the next steps to take and help you navigate crucial decisions. The firm proudly serves clients across Providence, Rhode Island, and surrounding communities throughout the state, as well as Boston, Massachusetts.

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What You Need to Know About Dual Citizenship

By Savage Law • May 15, 2024
Dual citizenship, sometimes referred to as dual nationality, allows an individual to simultaneously hold citizenship in two countries, under the legal rights and obligations of both. This unique status opens a world of opportunities but also comes with its own set of responsibilities. The Law Office of Layne C. Savage , located in Providence, Rhode Island, and serving clients throughout Rhode Island and Massachusetts, provides comprehensive guidance for individuals exploring their international identity. This post aims to demystify dual citizenship, highlighting its benefits, potential challenges, eligibility criteria, and the application process.
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What You Need to Know About Divorce and Immigration

By Savage Law • February 29, 2024
Divorce is a life-altering event, but for immigrants in the United States, the implications can be even more profound. This is because a divorce can significantly impact an immigrant's legal status, particularly if their presence in the U.S. is tied to their marriage. If the marital bond breaks, it could potentially jeopardize the immigrant spouse's legal status, putting their ability to reside in the country at risk. Therefore, individuals in this predicament must understand the potential repercussions and take appropriate steps to safeguard their immigration status.
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Preparing for an Embassy Interview

By Savage Law • January 10, 2024
Embarking on the journey of preparing for an embassy interview can seem daunting, but with careful planning and thorough preparation, it doesn't have to be. Legal representation makes all the difference. That's exactly what Layne C. Savage, an attorney with over a decade of experience, offers. She doesn't hide behind middlemen or paralegals; instead, she personally engages with her clients, ensuring they play a significant role in their cases. Attorney Savage works collaboratively with her clients to develop an effective legal strategy, all while protecting their rights. With her vast knowledge of immigration law, she's committed to fighting for fair treatment and the most favorable outcomes for her clients. Let's break down the process of preparing for an embassy interview step by step, so you'll know exactly what to do to increase your chances of a successful outcome.
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What to Expect at the Naturalization Interview

By Savage Law • December 5, 2023
The path to becoming a U.S. citizen can be filled with anticipation, excitement, and understandably, a bit of anxiety—especially when it comes to the naturalization interview. This pivotal step in the citizenship process is often shrouded in uncertainty for many applicants, raising questions about what to expect, how to prepare, and what repercussions an unsuccessful interview might have. Enter the Savage law, a dependable law firm that offers guidance in the complex world of immigration law. Located in Providence, Rhode Island, and serving clients throughout the state as well as Boston, Massachusetts, and the surrounding area, the firm is committed to providing comprehensive legal support to individuals navigating the intricate process of naturalization.
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Grounds for Revoking Citizenship

By Savage Law • November 14, 2023
Citizenship is more than just a status; it's a bond that ties an individual to a nation, bestowing upon them certain rights and privileges. It also entails responsibilities and duties towards the nation and its welfare. However, this bond isn't always permanent. There's a concept known as citizenship revocation, where a person's citizenship status can be rescinded under certain circumstances. If you want more information about citizenship revocation--whether you just want to avoid making possible mistakes, or your citizenship is the process of being revoked--don't face the courts alone. Get in touch with the Savage law for support. Attorney Savage serves Providence, Rhode Island, and communities throughout the state, as well as Boston, Massachusettes, and the surrounding areas.
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Reasons a Green Card Can Be Denied

By Savage Law • October 24, 2023
Many people often migrate to the United States in search of better employment opportunities and living conditions, to study, or to join their loved ones. However, there are some requirements for living and working in the U.S. as an immigrant. A green card serves as evidence that you are a lawful permanent resident and can live and work in the country. Essentially, you’re required to apply for a green card after entering the United States. Unfortunately, your application may be denied for different reasons. Fortunately, Savage law can provide the knowledgeable assistance you need when navigating green card applications and denials. Attorney Layne C. Savage can evaluate your situation, investigate the reason for the denial, and tell you about your available legal options. The firm proudly serves clients across Providence, Rhode Island, Boston, Massachusetts, and surrounding communities throughout the state.
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If I Marry in Another Country, Can My Spouse Legally Enter the U.S.?

By Savage Law • September 25, 2023
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Will I Be Deported if Someone Reports Me to Immigration?

By Savage Law • July 4, 2023
Facing a deportation order is extremely stressful, and you may not understand your rights. Each year, about 158,000 deportation orders are issued by immigration judges. At this point, it is important to get the help you need when you suspect someone has reported you to immigration. If you're living in Providence, Rhode Island, or neighboring towns or Boston, Massachusetts, and you're worried about deportation, you do not have to face these challenges alone. A reliable immigration attorney at the Savage law has the resources to fight for your rights while keeping your best interests in mind. She has over a decade of knowledge and will apply her experience to your specific case.
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Your Rights When Asked for Your Immigration Status

By Savage Law • June 8, 2023
Everyone in the United States, including citizens, immigrants, and foreign nationals, has certain rights that are guaranteed under the U.S. Constitution. On certain occasions, the police, law enforcement officers, or immigration authorities may stop you and ask you different questions. However, many individuals are unaware of their rights when questioned about their immigration status and might easily end up in the worst possible situation. Attorney Layne C. Savage enjoys protecting the rights of people stopped by immigration officers. As a seasoned Rhode Island immigration law attorney, Layne can tell you about your rights and the dos and don'ts when asked about your immigration status. The firm proudly serves clients in Providence, Rhode Island, and surrounding communities throughout the state, as well as Boston, Massachusetts.
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