Marrying a U.S. citizen is often seen as a straightforward path to permanent residency and, eventually, U.S. citizenship. But many people mistakenly believe that marriage provides automatic protection from deportation. The truth is more complex.
In this guide, we’ll explain the situations in which someone can still be deported after marrying a U.S. citizen, why marriage does not guarantee legal status, and what steps you must take to protect your immigration future.
1. Does Marriage Automatically Grant Legal Status?
No. Marriage alone does not grant legal status or stop deportation.
To become a lawful permanent resident (green card holder) through marriage, you must:
- File and have USCIS approve Form I-130 (Petition for Alien Relative)
- File and have USCIS approve Form I-485 (Adjustment of Status), if in the U.S.
- Or go through consular processing if outside the U.S.
Until that process is complete, the immigrant spouse may still be subject to removal.
2. Can You Be Deported While Your Green Card Is Pending?
Yes, you can be placed in removal proceedings even while your green card application is pending if:
- You entered the U.S. without inspection (illegally)
- You overstayed a visa and are out of status
- You were arrested or convicted of a crime
- Your marriage is suspected to be fraudulent
If you’re in this situation, it’s critical to speak with an immigration attorney immediately. Sometimes a pending green card application can be a defense against removal — but not always.
3. Can ICE Deport You After You’re Married?
Yes. If Immigration and Customs Enforcement (ICE) determines that someone is:
- In the U.S. unlawfully
- Violating terms of a prior visa
- Has a final order of removal
…they can detain or deport you even if you’re married to a U.S. citizen.
Marriage may help later with cancellation of removal or adjustment of status, but it does not prevent ICE from initiating deportation.
4. Can You Be Deported After Getting a Green Card?
Yes. A green card offers permanent residency, not immunity from removal.
Green card holders (even those married to U.S. citizens) can be deported for:
- Certain criminal convictions (e.g., drug offenses, fraud, theft)
- Immigration fraud (e.g., sham marriage)
- Failing to remove conditions (if on a 2-year green card)
- Abandoning U.S. residency (e.g., staying abroad too long)
5. Can You Be Deported If the Marriage Ends in Divorce?
It depends on your status:
If You Have a Conditional Green Card:
- You must file Form I-751 to remove conditions
- If divorced, you must submit a waiver and prove the marriage was real
- If USCIS believes the marriage was fraudulent, they can deny the I-751 and start removal proceedings
If You Have a 10-Year Green Card:
- Divorce does not affect your status directly
- But future naturalization (citizenship) applications will be scrutinized
6. What About Sham Marriages?
A sham or fraudulent marriage is when a couple marries solely for immigration benefits.
USCIS investigates red flags such as:
- Inconsistent or missing evidence of shared life
- Different addresses
- Conflicting statements during interviews
- Lack of joint assets or social proof
If USCIS determines a marriage was fraudulent:
- Green card may be denied or revoked
- Immigrant may be placed in removal proceedings
- Criminal charges for both spouses are possible
7. Real-Life Scenarios That Lead to Deportation After Marriage
Scenario 1: Entered Without Inspection
- Marrying a U.S. citizen doesn’t cure an illegal entry
- May require waiver or consular processing with risk of 3/10-year bar
Scenario 2: Criminal Conviction After Marriage
- Arrest for theft, assault, or drug use can trigger green card revocation
Scenario 3: Divorce Before Removing Conditions
- Without strong proof of real marriage, I-751 may be denied
Scenario 4: Past Immigration Fraud
- Prior misrepresentation can resurface and lead to denial or deportation
8. How to Protect Yourself
If you’ve married a U.S. citizen, here’s how to strengthen your position:
- File for adjustment of status (Form I-485) ASAP if eligible
- Document your life together — photos, finances, leases, insurance
- Avoid criminal issues — even minor ones can derail your status
- Follow USCIS deadlines — including I-751 and interviews
- Work with an attorney if you’re in a complex situation (entry without inspection, prior removal order, criminal history)
9. Can You Stop Deportation After Marriage?
Sometimes. If you’re in removal proceedings and you marry a U.S. citizen:
- You may be able to file for adjustment of status with the immigration judge
- You may also apply for cancellation of removal if eligible
- You must prove your marriage is genuine and not solely for immigration purposes
It is possible to win legal status — but only with strong documentation and legal support.
Final Thoughts
Marrying a U.S. citizen opens the door to legal status, but it doesn’t guarantee protection from deportation. You must follow the proper legal steps, maintain lawful behavior, and prove your relationship is legitimate.
If you’re undocumented or have legal complications, get help from an experienced immigration attorney as early as possible.
