If a citizen of a foreign country marries a U.S. citizen in the United States, is it necessary for the spouse to leave the country to become a permanent resident?
It depends on how the spouse entered the country originally. If the spouse entered illegally, he/she will need to leave the U.S. before applying for residency. Because he/she has no proof of entry (entered illegally) and if he/she was in the U.S. for 180 days or longer, the spouse is subject to either a 3 year or 10 year bar from returning to the U.S., depending on how long they overstayed illegally in the country. If this is the case, it is very important to fill out and submit a waiver application, called a Hardship Waiver, which proves that the inability to return to the U.S. would cause undue hardship to the family member in the U.S. currently.
Related Questions
- If a citizen of a foreign country marries a U.S. citizen in the United States, is it necessary for the spouse to leave the country to become a permanent resident?
- I am a United States citizen and my spouse is a lawful permanent residence, how long must my spouse wait to apply for citizenship?
- Under what circumstance will a foreign spouse obtain a conditional permanent resident status in the United States?
