Hayward, CA asked in Immigration Law for California

Q: How will marrying an undocumented person affect my parents when filing for papers?

I was born here in the US and have undocumented parents that use a working permit(TPS) . I recently turned 20 and at 21 i'm planning to file papers for my parents. But I'm also in a relationship with another undocumented person that also has a different kind of working permit. I've been with this person for a couple of years a now and we want to get married. I want to know how that will affect his process and my parents process in the future, will it be more complicated for my parents if i got married now? I just wanted to know, I won't be doing any legal actions at the moment

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1 Lawyer Answer

A: As a US citizen, you are allowed to sponsor your spouse and your parents [when you turned 21]. You will be required to execute an affidavit of support to show you have the required annual income to support your household size including the person you are filing papers for. If your income is insufficient, you have the option of including a joint sponsor.

However, if your income is insufficient for your household size and you do not have a joint sponsor or co-sponsor, the Green card application will not be approved. Getting married will increase your household size but if you have sufficient income, then it's not a problem. If my office can be of further assistance, feel free to contact us to schedule a consultation. Please note that the above content does not constitute legal advice nor create an attorney-client relationship. Good luck with your case.

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