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Got Married before Visa Expired

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  • 03-17-2007, 01:23 AM
    Bacchus
    Got Married before Visa Expired
    Greetings everyone,

    I have some questions that I hope you can help me.. I got 10 year visa from my country and came to US.. After staying almost 6 months in CA, I married to a woman whom I knew like a year before I came to states.. I married to her a few days before my staying permit has expired which was for 6 months.. For some reasons we couldnt make much research or apply for green card.. It has been 2 months since we got married and my staying permit has expired and I am still staying in CA, US..

    1. I want to ask you if I am doing something illegal right now by staying here after my permit has expired, even after I got married..

    2. Would I have any problem to go back to my country and coming back to US with same visa on my passport which also includes an expired staying permit.?

    3. If I am illegal now, what do I have to do first? Go back to home and do things from there, or there is a way I can do it here in US? If there is a way to do it from here, where do I need to start?

    4. I am not worried about citizenship really, only thing I need is to learn what I need to do so I can stay here illegal and work.. As I was told these happens with green card, what do I need to do to apply for it? and can I apply for it in this situation that I am in right now?

    well, I guess I bored you enough already with my questoins.. I would be so greatful if someone can help me with any of these questoins.. Thank you very much for your time, have a good day..
  • 03-17-2007, 02:18 AM
    Bacchus
    Re: Got Married before Visa Expired
    Sorry, couldnt find the "edit" button so had to duoble post.. wanted to add that my US visa on passport is from 2006 to 2016, I mean visa not expired, staying permit had.. which was 6 months from July to Jan
  • 03-17-2007, 08:50 AM
    Mr. Knowitall
    Re: Got Married before Visa Expired
    You should petition to adjust your status on the basis of your marriage to a citizen. If you leave the country after overstaying, you will likely be subject to a period of exclusion.
  • 03-17-2007, 07:09 PM
    Bacchus
    Re: Got Married before Visa Expired
    How long would that "period of exclusion" may be?
  • 03-17-2007, 08:24 PM
    Bacchus
    Re: Got Married before Visa Expired
    To who I need to petition to change my status? or Where?
  • 03-17-2007, 10:26 PM
    Mr. Knowitall
    Re: Got Married before Visa Expired
    The period of exclusion depends on the length of the overstay.

    You would petition the USCIS.
  • 03-18-2007, 02:55 AM
    Bacchus
    Re: Got Married before Visa Expired
    Thank you.. Is there anything you can say about other questions?
  • 03-19-2007, 01:13 PM
    mmadsen55
    Re: Got Married before Visa Expired
    The process you need to follow is to have your US Citizen spouse file and I-130 petition on your behalf. Then you need to file an I485 petition to adjust your status. This is the petition that will get your green card. At the same time you will file an I-765 to obtain an work authorization permit while your adjustment is pending. There a few more forms so you should read up on the website.

    www.uscis.gov (Search for Immigration through family member -spouse)

    1. Yes, if your 6 month visa has expired you are considered out of status and are in this country illegally.
    2 When you overstay, if you try to re-enter you can be subject to an exclusion period. Generally, if you over stay 6 Months, it is 3 years you will be barred from returning. More than a year it is 10 years.
    3. DO NOT GO HOME FIRST...follow the process above.
    4. Once you become a permanant resident (Green card), it is up to you whether you want to finally apply for citizenship.

    Two other pieces of advice..

    The USCIS operates under a generally philosphy that YOU HAVE TO PROVE that your marriage is valid. So, you will want to start collecting Proof..pictures, legal documents in both name...leases, deed, assets...etc.

    Secondly, you mentioned that you knew your wife before you came here..I assume you came under a visitors visa..They will investigate to see if you came here with the intention of getting married. If you knew you were going to get married, and you entered under a visitors visa (as opposed to a fiance visa), they will consider that visa fraud.
  • 03-20-2007, 08:40 AM
    Bacchus
    Re: Got Married before Visa Expired
    Thank you very much Mmadsen
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