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  1. #1
    Join Date
    Apr 2007
    Posts
    11

    Default Re: Overstayed and Getting Married

    Quote Quoting mmadsen55
    View Post
    The Marriage license agency will not care if you visa is expired. As long as your passport is still valid. One thing to watch for However, is that some of the counties will ask for a social security number. The law states that you must present your SSN IF you have one. What this means is that IF you do not have one, you can still get married.

    Once you marry, you can apply to adjust your status. There is no official "forgiveness" for overstaying, but as long as you are not working, and you stay out of trouble, you should be able to adjust your status based on your marriage without any problems.

    DO NOT MARRY before you divorce is final. That would automatically make your current marriage a fraudulent case and it would definately cause you many problems!
    Do u need to adjust status immediately after marriage?. Considering her case that she has a US Bf prior to divorce and marriage in the USA, what is fraudulent in that case or you said pretenses...what if it wasnt her first time to see or visit him in the US. If she had a tourist visa of 10 years and kept on coming back to see her bf...is it wrong to fall in love and after knowing each other well...say on 3rd visit to US...both have finally decided that its time to get married? When is fraudulent entry/pretenses ruled out?

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    240

    Default Re: Overstayed and Getting Married

    It is a grey area and I am sure many people do exactly what you say, just say they were her visiting and decided to marry while here. If that is truly the case no problem.

    The problem is immigration knows this as well and will be more likely to scutinize the evidence...like look at the date you buy the ring, or the day you reserve a wedding chapel..

    You have to remember that the way this works is that immigration will ASSUME that the marriage only for getting a green card and you have to prove that it is real.

    It just adds a complication that you really dont need.

    As far as adjusting status, marriage alone will not prevent a person from being deported. You have to apply to adjust status in order to be protected while the processes is on going. So, it would be pretty stupid to get married and then wait to adjust status.

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