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Conference quark::mennotes-v1

Title:Topics Pertaining to Men
Notice:Archived V1 - Current file is QUARK::MENNOTES
Moderator:QUARK::LIONEL
Created:Fri Nov 07 1986
Last Modified:Tue Jan 26 1993
Last Successful Update:Fri Jun 06 1997
Number of topics:867
Total number of notes:32923

576.0. "MARRYING FOR CITIZENSHIP" by LEMAN::TCSR () Wed Mar 13 1991 10:11

    Hello all,
    
    I would need some legal advice for a friend.
    
    If a US citizen (male or female) marries a foreigner, how long does it
    take (if this is possible) for the non-american to obtain US
    citizenship ?
    
    
    - Does one obtain US citizenship right away and then have to stay
      married for a certain amount of years so it becomes permanent  or
    
    - Does the foreigner get the right to stay in the US (ie Greencard), 
      until the above mentioned amount of time is over ?
    
    
    This probably sounds confusing...
    
    I would apreciate some answers or directions to where I can get advice.
    (don't have money for lawyer, and besides, I live in Switzerland so
    they probably wouldn't know.)
     
    
    Thanks in advance for your help.
    
    David JENEFSKY
    Educational Services
    Geneva, SWITZERLAND
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576.1They might help...ICS::BELMOREWed Mar 13 1991 10:207
    
    
    David, 
          I am not sure what to do, but you could call Corporate
    Immigration in Maynard, they could probably tell you.
    
                                 -Jennifer
576.2CSCMA::PEREIRAPam-a-lam-a-ding-dongWed Mar 13 1991 10:2119
    You do not automatically become a citizen of the United States by
    marrying a US citizen.  You do, however, after much paperwork, 
    become a legal resident alien.  Marrying soley for this purpose,
    though, is illegal.
    
    If it is a legitimate marriage, an you must prove this to Immigration
    and Naturalization Services, you would become a temporarily legal
    resident alien for 2 years.  This would give you the right to work
    legally in the US.  After 1 1/2 years of this status, you would
    again file with INS and upon completion of all paperwork, become
    a permanent resident alien.
    
    Citizenship is something much different and I'm not totally sure
    of how you would go about it.  You may want to contact the United
    States Department of Immigration and Naturalization Services.  They
    could help you further with that.
    
    Hope this helps a little,
    Pam
576.3OTIGER::R_CURTISThere is madness to my method..Wed Mar 13 1991 14:167
    You need a Fiancee Visa to be completed by both parties to get the
    process started to accomplish all this. Call the INS and ask for the
    form, I think it is called the I129F form. INS knows. You must be able
    to prove you can support the spouse, that you have actually met, he/she
    must go for an interview with the American consul, get a physical and
    various other things. There is a set procedure which has been in place for
    some time....
576.4PASTIS::MONAHANhumanity is a trojan horseThu Mar 14 1991 05:262
    	There is a lot of discussion of this sort of thing in
    SMURF::EXPATRIATES.
576.5FOUNDLEMAN::TCSRThu Mar 14 1991 11:384
    Thanks to all for your info. SMURF::EXPATRIATES seems to have all the
    information I need.
    
    David
576.6A couple questions...CAVEAT::BURSCHAlive ...and mostly kickingFri Mar 15 1991 14:0820
    REPLY to 576.2                      
                                        
    I've been reading this notes file for a couple of months now and
    am very interested in most of the topics people write in about..
                                        
    I'm curious about his particular note because it's not something
    I've really thought about before.  I was born and raised in the
    USA (I sounds like Bruce Springsteen!)  which is probably why it
    hadn't crossed my mind...                        
                                                     
    But I was think what would happen if after you've been married for
    the 2 years and you both decide that the marriage just isn't working..
    That happens all the time....  What happens to the person who's
    got the green card ?  Do they gave to apply for a different card
    or go thru a whole seperate process to maintain residence in the
    U.S  ??  ...do they have to leave the country ???                                  
                                              
                                              
    Thanks in advance for any info....       
                                                     
576.7CSCMA::PEREIRAPam-a-lam-a-ding-dongFri Mar 15 1991 17:2113
    If, after the two years, you decide that the marriage isn't working
    and the legal alien has their permanent "greencard".  They are still
    permanent.  As a matter of fact, this did happen with my marriage.
    We were married for 3 years and finally gave up.  He is still legal
    to live and work in the US and always will be.  I guess that's good
    because we have a son and it would be a shame to send him away so
    that he would never be able to see his son again.  (Although,
    sometimes,I must admit....I wish they would!)  (oops, I didn't say
    that!!!)   8*)
    
    Hope that answers your question,
    
    Pam
576.8speaking only from experienceCOOKIE::CHENMadeline S. Chen, D&SG MarketingMon Mar 18 1991 15:1827
    Wow - this all sounds very complicated - fiancee visas, etc...
    
    I do not know the law, but I married a foreign national many years
    ago, and he is a US citizen today.  At or around the time of our 
    marriage, we [physically] went to immigration, and filled out many forms.   
    They required his passport, my birth certificate and our marriage
    certificate.  They also took a a sworn testimony that we were indeed living
    together as husband and wife.  My husband then was required to register
    for the draft (most Federal buildings contain both operations, so we
    were able to complete this within a couple of hours), and then obtained 
    a greencard.  (Many foreign nationals do not know that they  may be 
    drafted into the armed services.  They are also ineligible for OTS
    unless obtained through ROTC - so only foot soldiers allowed.  Of course, 
    this is not as important to folks today as during the Vietnam conflict.)
    
    The papers and swearing, etc... took about 3 hours (plus the two at the
    draft board.  I would recommend a non-major port (we did this in Kansas 
    City), because the waiting line in a place like Immigration in NYC or LA 
    could take a *very* long time.
    
    Anyway, after 5 years, my husband was elegible to apply for
    citizenship.  As far as I know, they did no additional checking as to
    whether our marriage was either legal or permanent.  He just did his
    alien registration each January, and that was that.
    
    
    -m
576.9Picky picky pickyGRANPA::TTAYLORfortress around my heartWed Mar 20 1991 13:129
    My sister is married to a foreigner.  It is a time-consuming and
    lengthy (not to mention expensive) process.
    
    All I can say is, INS is really picky about who gets the green card and
    who gets the citizenship.  I know of cases where if the marriage is
    dissolved, they deport the resident alien.  It depends on what country
    you are from, they have quotas and everything.
    
    Tammi