# If I marry a US Citizen, will I avoid deportation?

- Link: https://www.lumlawgroup.com/if-i-marry-a-us-citizen-will-i-avoid-deportation/
- Published: 2019-12-02T12:25:21-08:00
- Author: Albert J Lum

Many of our non-status clients believe marrying a U.S. citizen will solve their 
immigration problems.  Undocumented clients will either jump into a marriage head
first for a chance at a marriage green card, or they’d wait until they’re detained
to marry their beloved.  Then, they’ll come to us and expect the marriage certificate
to solve all of their problems. We’re here to tell you it’s not as simple as that;
if you’re an undocumented immigrant married to a U.S. citizen, you can still be 
deported.

Unfortunately, qualifying for a marriage-based green card requires more than just
a marriage certificate proving marriage to a U.S. Citizen.

Here are the four other questions to ask yourself if you’re considering a marriage-
based green card:

### 1. Is your marriage legitimate?

Not only does your marriage to a U.S. citizen have to be genuine, but you also need
to be able to prove it.

Many clients believe a few photos and a lovey dicey appearance will suffice at the
interview, but it’s more complicated than your romance narrative. For immigration
purposes you need to show proof of joint residence and shared finances in addition
to documents showing your love.

A good immigration lawyer can review your case and existing documents or help you
prepare your petition and application.

### 2. Did you enter the U.S. legally?

Although after marriage you’re now an “immediate relative of a U.S. citizen”, how
you entered the U.S. still matters. In order to adjust your status after your Petition
for Alien Relative (Form I-130) is granted, you have to be eligible.  Part of being
eligible is having entered the U.S. legally (e.g., with a valid visa) and being 
in status at the time of adjustment.

If you did not enter the U.S. legally, are undocumented, or have overstayed your
allotted time, you may be ineligible to obtain permanent residence. Consult an experienced
immigration attorney to see if you are banned from re-entry and if you [qualify for any ineligibility waivers](https://lumlawgroup.com/Staging/how-to-prove-extreme-and-unusual-hardship/).

### 3. Do you and your spouse have enough money?

To obtain a green card, the applicant must be financially secure and/or sponsored
by a relative or other U.S. Citizen or Legal Permanent Resident. To qualify for 
adjustment of status, you’ll have to show pay stubs, tax returns, and other documents
proving financial independence.

Applicants are now required to file an additional form, [I-944 Declaration of Self-Sufficiency](https://lumlawgroup.com/Staging/what-is-the-new-public-charge-form-i-944-declaration-of-self-sufficiency/)
which requires even more detailed financial information to prove you won’t require
government assistance in the future.

### 4. Are you healthy?

All adjustment of status applicants have to undergo a medical examination to prove
they are in good health. You will also be required to see an immigration-approved
doctor for a full physical. You’ll be required to have received certain vaccinations
and even prove you’ll have health insurance to cover any medical issues you may 
have.

See our article on [Public Charge](https://lumlawgroup.com/Staging/what-does-public-charge-mean/)
and the [Healthcare Ban](https://lumlawgroup.com/Staging/what-is-the-new-healthcare-ban-and-how-can-it-affect-my-immigration-case/)
for more information.

If you’re concerned about your answers to any of the above questions, or if you 
just want to be certain, give us a call and we’ll review your situation to see how
we can help you in your marriage-based adjustment.