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  1. #1
    Join Date
    Sep 2008
    Posts
    2

    Default Out of Status and Marrying a Resident Alien

    Hi, here is my story:
    Overstayed my tourist visa waiver for 3 years, no criminal record, good education, working and paying taxes.
    My girlfriend is a legal resident alien (green card holder) and we have been talking about getting married. So my question is: will I in any way be able to become a legal resident (possible green card holder) by marrying her? If so, what would be the procedure?

    Thanks...

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Out of Status Marrying a Resident Alien

    Yes, you can become a LPR through your marriage to another LPR

    Here is a link to the USCIS website and specifically immigration through a family member. Read carefully as it does get confusing.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

  3. #3
    Join Date
    Sep 2008
    Posts
    2

    Default Re: Out of Status Marrying a Resident Alien

    Quote Quoting mmadsen55
    View Post
    Yes, you can become a LPR through your marriage to another LPR

    Here is a link to the USCIS website and specifically immigration through a family member. Read carefully as it does get confusing.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

    Thank you very much for this info, very interesting, however from reading this it seems unclear to me if persons who overstayed their visa are also eligible to apply, do you know?

  4. #4
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Out of Status and Marrying a Resident Alien

    When adjusting status by marriage the overstay is not held against you. Yes, you can adjust after an overstay. Just be sure not to leave the country, until you have your LPR status.

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