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  1. #1
    Join Date
    Sep 2008
    Posts
    8

    Default Overstay and Marriage

    A friend overstayed his visitor visa by 2 years due illness and recovery and is now on the mend. He`s getting married and has been told by 2 different lawyers the after he`s married he can file for a I-130 and then change his status. One of these lawyers was from a catholic charity. To make sure he contacted an immigration office and was told if he marrys then he will be detained and deported just for overstaying and banned. Which one is true as if the immigration office is true he may as well return to his home country where he got untreated for his illness in the first place. Thanks in advance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overstay Marriage

    You haven't given us any facts which would explain why the lawyers would be wrong and the immigration officer correct; but we can't independently investigate this and it may be that the immigration officer knows things about the case that we don't.

  3. #3
    Join Date
    Sep 2008
    Posts
    8

    Default Re: Overstay and Marriage

    Thats all the facts. He overstayed his visa for 2 years due to illness. Whilst being in the US he has not broken an laws except overstaying his visa. He has not worked and wants to marry. He told immigration the exact same thing that I have said and thats what they told him.

  4. #4
    Join Date
    Jul 2010
    Location
    Florida =]
    Posts
    3

    Default Re: Overstay and Marriage

    Don't worry he's not going to get deported unless he was involved in a criminal act of some sort.

    If he gets married, his wife can file for him and he will be ok!

    Depending on which state he is in, i know in Florida all you have to do is go down to the court house even if your passport is expired and they WILL grant you a marriage license.

    Hope this helps!

  5. #5
    Join Date
    Sep 2008
    Posts
    8

    Default Re: Overstay and Marriage

    Thanks for the info. They are getting the liscence in the next couple of days. Is there anything he would need to know as after they marry they are planning to goto Catholic Charities who help with immgration as they were the ones who told him about marriage and changing status.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Overstay and Marriage

    Wait.

    WHICH visa did he overstay?

    It matters.

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