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Marrying Somebody Who Overstayed a Visa and Worked Unlawfully

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  • 09-27-2015, 02:39 PM
    Filtmore
    Marrying Somebody Who Overstayed a Visa and Worked Unlawfully
    Hey Everyone,

    Looking for advice like many on here.

    Situation: I'm a USC and looking to marry my girlfriend, she came here over 10 years ago on a student visa which expired 10? years ago.

    We've been together for ten years and happy, we've had money issues otherwise we would of been married a long time ago. Anyways: She hasn't worked in over 8 years at least "illegally" by which I mean she does baby sitting or helping friend/family member pack and move for under the table income. Nothing on the books.

    However I have a new job that I'm pursuing that is in a different state, we have always been leery about her status and I'm hoping a remedy would that we get married before we drive across the U.S.?... State by state A lot could happen on such a trip.

    Any Further advice would be great! It would be amazing to get her status so we can take real vacations domestic and/or international.

    Thank you in advance for your input!
  • 09-27-2015, 07:50 PM
    T53147
    Re: Usc Marriage to a Legally Entered Immigrant,10yr Expired Student Visa Stop Deport
    Since she entered legally and overstayed, AOS is possible. Marriage to a US citizen forgives a lot. Read the forum.
  • 09-28-2015, 09:42 AM
    Filtmore
    Re: Usc Marriage to a Legally Entered Immigrant,10yr Expired Student Visa Stop Deport
    Thank you for your input, I'm going to push for a little more information. Do you think it would be safe to do this move after getting married? Then put in the correct documents needed to be filed for getting her a permit?

    My biggest concern overall is if we get in an accident while driving around 2,000 miles and police are involved. I read that the police won't even bother handling the situation they will toss it over to immigration.

    Two things I wish to mention just to have more details which most situations are... situational.

    First she does not have her papers she entered with over a decade ago I read somewhere she will NEED these no other substitutes will work. Is this true... ?

    Second would it be more ideal to get married here and submit the paper work here in the starting state and then move... directly after ( within a week )?

    Also final question reiterating.... If we run into a toll booth or a stop for whatever reason they check her status will she be deported if we are married and can prove so?
  • 09-28-2015, 10:11 AM
    cbg
    Re: Usc Marriage to a Legally Entered Immigrant,10yr Expired Student Visa Stop Deport
    I have never had my status checked at a toll both. At a border crossing when leaving the US, yes. At a toll booth, no.
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