Marriage to someone you love should mark the beginning of a time of joy and celebration. However, when one spouse is undocumented, it can also raise serious concerns about immigration status, possible deportation, and how to manage the legal system safely.
If you are wondering “what happens if I marry an undocumented immigrant”, it is important to understand that while marriage can provide a path to legal status in some cases, it is not automatic and often requires careful legal guidance.
This article explains what marriage to an undocumented immigrant means under U.S. immigration law, the potential paths to lawful status, and how an experienced immigration attorney, such as Warren Law Firm, can help you protect your spouse and your future.
Marriage Does Not Automatically Grant Legal Status
One of the most common misconceptions about immigration law is that marrying a U.S. citizen instantly gives the undocumented spouse a green card or legal protection. In reality, marriage alone does not change anyone’s immigration status. It does, however, make the undocumented immigrant eligible to apply for permanent residency under certain circumstances.
The process depends heavily on how the undocumented spouse entered the United States.
- If the immigrant entered legally but overstayed, the process is often simpler. The U.S. citizen spouse can file a petition, and the immigrant may be eligible to adjust status within the United States.
- If the immigrant entered unlawfully, the case becomes more complex. In most situations, that person must leave the country and apply for a visa abroad, often triggering a three- or ten-year bar from returning unless a hardship waiver is approved.
Due to these complexities, it is essential to consult an immigration attorney before filing anything with U.S. Citizenship and Immigration Services (USCIS). Filing incorrectly can expose your spouse to deportation risks.
How Does the Adjustment of Status Process Work for Marriage?
If your undocumented spouse entered the United States legally, they may qualify for a process called Adjustment of Status (AOS), which allows them to apply for a green card without leaving the country. The U.S. citizen spouse files Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status) at the same time.
During this process, USCIS will schedule an interview to confirm that your marriage is genuine and not entered into for immigration purposes. You will need to provide detailed and convincing evidence of your relationship, such as joint financial documents, photos, and correspondence.
If the petition is approved, your spouse can obtain lawful permanent residence and eventually apply for U.S. citizenship. However, if there were prior immigration violations or criminal issues, USCIS may deny the case. Having a skilled immigration lawyer can make a significant difference in preparing a strong application and avoiding costly mistakes.
What Happens When the Immigrant Enters Without Inspection?
If your spouse entered the country without a visa or inspection, the situation is more challenging. Typically, that person cannot adjust status while inside the United States, even after marriage to a citizen. Instead, they must leave the country and apply for an immigrant visa at a U.S. consulate abroad.
Leaving the United States, however, can trigger unlawful presence bars: three years if the person was unlawfully present for more than 180 days, or ten years if unlawfully present for over a year.
Fortunately, there are legal options such as the I-601A Provisional Waiver, which allows immigrants to apply for forgiveness of unlawful presence before departing. To qualify, you must demonstrate that the U.S. citizen or lawful permanent resident spouse would suffer “extreme hardship” if the waiver is not granted.
This is where legal representation becomes critical; the waiver process is complex, documentation requirements are extensive, and any errors can delay or bar your case.
How Long Will the Immigration Process Take If I Marry an Undocumented Immigrant?
The timeline depends on how your spouse entered the United States. If your spouse entered legally but overstayed a visa, the process may be completed while they remain in the U.S. This route generally takes several months to over a year, depending on USCIS processing times and the strength of your documentation.
If your spouse entered the U.S. without inspection, the process often takes longer. In most cases, they must apply for a hardship waiver and complete a consular interview outside the U.S. Because of the additional steps involved, this path can take 1.5 to 3 years or more from start to finish.
Each case is unique, and delays can occur if documentation is incomplete, eligibility is unclear, or an additional review is required. Working with an experienced immigration attorney can help reduce mistakes and prevent unnecessary delays.
Concerned About Your Spouse’s Status? Take Action Now.
If you recently married or are planning to marry an undocumented immigrant, do not submit anything to immigration authorities without legal guidance. Even well-intentioned mistakes can place your spouse at risk of deportation.
How Warren Law Firm Can Help If You Marry an Undocumented Immigrant
At Warren Law Firm, we understand that love and family should not be overshadowed by fear of deportation or legal uncertainty. Our attorneys have years of experience representing couples across the United States with complex immigration cases involving undocumented spouses.
Our immigration lawyers assist with every step of the process, including:
- Assessing eligibility for adjustment of status or consular processing
- Preparing hardship waivers and supporting evidence
- Representing clients in USCIS interviews and immigration court proceedings
- Advising on travel, work authorization, and long-term immigration planning.
Our goal is to help families stay together in the United States legally and securely.
Talk to an Immigration Attorney Today
If you are wondering “what happens if I marry an undocumented immigrant,” the answer is that marriage can create a possible path to legal status, but only through the correct legal process and with careful guidance. The stakes are high, and even small mistakes can have lasting consequences on your application and the marriage.
By working with a knowledgeable immigration attorney at Warren Law Firm, you can protect your spouse’s rights, navigate the system confidently, and build a stable future together. Contact us today to schedule a consultation with our immigration attorneys, and we will be there to help.
