A FORUM FOR COMMUNITY ISSUES : Getting Answers / FROM PUBLIC OFFICIALS : If We Marry, Is He Legal?

Q. I’m dating a man from Colombia who is here on a student visa. If we get married, does he automatically become a U.S. citizen?

Martha Berman, Los Angeles

A. No. Marriage to a U.S. citizen does not grant the alien spouse any automatic right to live in the United States. Once married, you must petition for him to become a permanent resident alien by filing a Form I-485, Application for Permanent Residence, plus a Petition for Alien Relative and, if the spouse will be working, Application for Employment Authorization. There is a filing fee of $120 for the I-485, $75 for the petition and $60 for the employment form.

In order for you to file the applications, you must be a U.S. citizen and your spouse must have entered the United States legally. You should be aware that it may take several months to process your application.

The petition must be filed with your local Immigration and Naturalization Office. (The Los Angeles District Office is located at 300 N. Los Angeles St.) That office will decide whether the marriage is valid and whether your spouse is otherwise eligible to become a permanent resident. Factors they will look at include his health, his ability to support himself, and any criminal record. Once he has obtained his green card, he can petition to become a U.S. citizen after five years (three years if he is married to a U.S. citizen.)

Rudolph Valadez, regional administrator, Western region, Immigration and Naturalization Service.