Getting American citizenship?

LV-Gnome

First of all, she can't get citizenship without being a permanent resident first. A common law marriage is not considered valid for immigration purposes, so to become a permanent resident through this relationship (so long as he's a US Citizen), they would need to be married and he would need to file an I-130 with the USCIS to sponsor her for residency.

What happens then depends on how she entered the US. If she entered legally with a valid visa which has since expired, she would be eligible to adjust her status within the US. If she entered illegally, i.e. without inspection, she would have to return to her home country for the interview process. At that point, she would be denied due to her illegal presence in the US and the resulting entry bar. They would then be able to file an I-601 waiver and if her husband can prove extreme hardship, she may be able to return to the US as a legal resident.

They should consult an attorney for the waiver process.

pianojangee

US Immigration only recognized legally married as spouse to sponsor. However, since she is illegal, there is no way for her to obtain Green card even if she married US Citizen.

Illia K

First she needs to get married, then go the the immigration and fill out the paper work. May have a tough time though, taking to long to do it.

Jan

She cannot change her status while she is living here illegally. Common law marriage isn't considered for immigration purposes. Even with a legal marriage,she will still have to leave the country to complete the process. Once she is married,her husband can petition for her to return. She will be denied and be given a 10 year ban on returning because she lived here illegally for so long. He will then have to file a waiver to allow her to return. She may or may not get approved for the waiver depending on whether she has any type of record in the US.
There is no way to make someone legal while they are in the country illegally.

__MELISSA_

She can definitely become a citizen as long as she entered the country legally (even if it was 10 years ago and even if she's illegal now). It will be a long process, because they first have to get married, then apply for a green card and 3 years after she receives it, she could apply for American citizenship.

The sooner she does it the less she'll have to wait! You never know when you need to leave the country for a family emergency and it's just nice to have the freedom to do so.

Good luck!

Root Stew

I think the common law point might have some validity. Nevertheless, only if she gets the "Legal" documentation that any immigration law enforcement officer needs to merit non-discriminatory actions. Remember there are families being split up because of "paperwork" malfunctions - someone marries a non-citizen who never naturalizes (believing the marraige of an American safegaurds their citizenship status), if they get into some legal scenario later, the validity of the persons citizenship standing is open to question. Don't forget they monitor new citizens for some time so someone just saying they are a citizen based upon them living with their boyfriend for some unmonitorable amount of time won't fly. I'm simply saying (guessing really) that miiiiight be a good argument for APPLYING for citizenship. As for the "is there anything she can do" part of your question, not making a move and not doing anything to recognize what citizenship she could have won't do much in persuading the authorities she should have anything more than a deportation date. Instead of getting in good with the local mag she should try buttering up her American, quasi husband to put his john doe alongside hers on a court house document called a "marraige certificate"! They've been at it ten years, right? Is he looking for the day when they haul her back across the border as a thank you for ten years of service to him? So it's not only what SHE can do HE should have interest in doing what he can to help her out. What kind of quasi H. is he? Good luck.

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