What if a foreign spouse entered the United States illegally without a visa?

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If your foreign spouse married you in the United States; entered illegally without a visa; and is currently in the United States, it is probable that they could not file a permanent residence application with the USCIS to become a permanent resident. Rather, s/he would most likely be required to return to their home country to process an immigrant visa at a United States embassy or consulate. A review of the facts of the foreign spouse’s specific situation is required to make this determination.