can you gain citizenship through marriage

This is a discussion on can you gain citizenship through marriage within the Other Immigration Law & Visas forum, part of the IMMIGRATION LAW category; My friend is going to marry a man that she has known for much time now, he is an American ...

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Old Dec 2nd, 2010, 12:00 AM   #1
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Default can you gain citizenship through marriage

My friend is going to marry a man that she has known for much time now, he is an American citizen but she is not. She wants to know if eventually she will be able to gain citizenship even though she came into the country illegally with no visa as a child. She has lived in NY for 14 years now and speaks English fluently and is planning on moving in with her fiance. She wants to further her education but because of her status it makes her life very difficult. Can anyone tell me if marrying an American citizen help in obtaining these papers?
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Old Dec 2nd, 2010, 12:06 AM   #2
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Default Re: can you gain citizenship through marriage

If she is over 21, then no - she cannot adjust her status (even if she marries a US citizen) from within the US. She will have to leave the US and go back to her home country and apply for a waiver (because she'll be subject to an immediate 3 or 10-year re-entry ban).

Had she entered the country legally and then overstayed it would probably be quite different.
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