Is it legal for a us citizen to marry a immigrant that does not have a green card ?

It's not illegal but it is STUPID.

Think about it, it's a win-win situation for the immigrant. They lose nothing and are often skillful in getting their way. The American, on the other hand is being used.

pirataviejo is absolutely correct. His direct approach should scare you into paying attention to his wise advice. You state she's on a tourist visa. If you marry this immigrant without establishing a prior LENGTHY relationship for many years you could be another American Statistic.

Please research before allowing yourself to be manipulated. Only you can protect yourself and look out for your best interests before its too late.

Update for Lynn D:

As for my ancestors, one came from Canada during the Revolutionary War period and the rest came in the 1800's from 3 different countries in Europe. The were grateful for the opportunity to come to America. They worked hard, paid income taxes, Learned English, Became Citizens and participated in communities. They contributed greatly to the growth of the USA ...all before the establishment of Green Cards, welfare, food stamps and section 8 housing.

Unless she finds a legal method of getting her green card, she is still an illegal. With the INS, there is no automatic pass under any circumstances. You still gotta' fill out the correct paperwork. I know a Cuban refugee who came to the States on a student visa, went to Viet Nam, and got a purple heart. He later married and had two kids, twin boys, all without talking again to INS. After some years, the INS caught up with him, and said he was going to be deported. He proved he had served in VN, and instead of being deported, was given almost automatic citizenship. At no time did INS mention the fact that he was married with two kids. She should see a really good immigration lawyer. Unlike many here, whom I think are truly motivated by racism, I do think being married and having kids should qualify for residency, and after 5 years, citizenship. There are things a civilized people do, and things a civilized people do NOT do.

You guys are free to marry at anytime even though she is here on a B-2 visa. In fact, even if her visa is out of status, you may still get married. To get marry, you do not need to file any paper work, other than apply for a marriage certificate with your county and to be sworn as a married couple by an eligible person, priest, monk, etc...

However, you will need to file an immigrant petition and an application for her to adjust her status from a B-2 visa holder to a legal permanent resident (green card holder). These are complicated applications and you need to show all evidence that you she is eligible to be sponsored and to obtain a green card. Most importantly, you must demonstrate that you have a bona fide marriage and that it was entered into good faith. Again, these are complicated matters and I advise that you obtain assistance from an experienced immigration attorney. Good luck!

Even if she is illegally in the States, you can marry her, nobody can stop you since both of you are divorced. Please be careful because most illegals just want a green card then they leave. The legal way of applying is to get a fiancee visa though. This is what you guys should get in case she has not overstayed her tourist visa. To obtain a fiancee visa, she will need to go back to her country and apply from there. It usually takes some months to process such a case. Most fiancee visas are accepted if you can prove both of you want to enter the marriage for love. If you do marry her on a tourist visa, be prepared to go through a lot of difficulties when you have to explain yourself at the immigration.

Yes you can marry him but afterwards there is a legal process you guys have to go through a lot of paperwork. you have to petition him so he can stay here legally and it's also a very expensive (more than 3000) and then within 6 months after you filed the papers he receives his green card:-)

It certainly is legal, but not without plenty of paperwork. I happened to have just worked out all forms involved for a situation just like what you describe, and there are several forms and costs for filing could be as high as $2500.

Yes. You can marry anyone in US as long as you meet the requirements of marriage license. Checn with your court of clerk getting marriage license.

After marriage, getting her green card is whole other issue though. There is the link that could be helpful. You must apply as soon as you get married before her I-94 expires. Otherwise, she becomes out of status which could jepordize the approval of green card.

Once she gets the Receipt Notice of I-485, her status changes to Pending AOS (Adjustment of Status) status which lets her stay in US legally even after her I-94 expires until the green card interview.

http://www.uscis.gov/portal/site/uscis/menuitem.5a...

http://www.visajourney.com/forums/index.php?autoco...

It is legal to marry whoever you want. Even if you marry an illegal immigrant drug smuggler, YOU aren't doing anything illegal.

There is always going to be paperwork, you just have to deal with it.

If she is here on a tourist visa then she is not illegal.

And yes you can marry whoever you want, who the **** is going to say no?

Suze's ancestors were immigrants so I supposed because they did that , now she thinks everyone is the same way.

You can marry whoever you want. Once u two get married, you can apply to petition her to adjust her status. And to THOSE who made a negative comment about marrying someone from the Orient, you're ignorant and judgmental. You should's say anything if you can't say anything nice!