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  1. #1
    Join Date
    Oct 2011
    Posts
    5

    Default Overstaying and Marriage

    A friend of mine came to the United States on a J-1 visa to work for 3 months (seasonal job) and at the end of the season she was supposed to leave back to her country.She's currently on a overstay on her J-1 visa for about 5 months. She does have a social security card. The main reason why she overstayed was because she found a guy she was interested in and was planning on marrying him. She was wondering if it was possible to marry him even if she's on overstay also if it's possible to adjust her status to a permanent resident. Also her husband doesn't make 125% above the poverty line so is there a way to get a joint financial sponsorship to help him out?

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

    Default Re: Overstaying and Marriage

    If she's in a state that doesn't verify her immigration status before issuing a marriage license, or travels to such a state, she can marry her boyfriend consistent with the other laws (e.g., residency requirements) of the state involved.

    If she is subject to the two year home residency requirement, she cannot adjust her status based on marriage until she either gets a waiver or fulfills that requirement.

    If her husband cannot sponsor her, they will need to find a sponsor or cosponsor with sufficient income and resources.

  3. #3
    Join Date
    Oct 2011
    Posts
    5

    Default Re: Overstaying and Marriage

    Thank you for the reply. She's in California and I'm not to sure if they check there... Her boyfriend is a US Citizen so I'm sure the residency requirements and other things are covered. I'm not to sure if she is subjected to the 2 year home residency requirement but then again she can get a waiver or fulfill that requirement. Does the waiver cost anything also does having a sponsor or cosponsor cost anything with the application process?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Overstaying and Marriage

    Is her intended actually aware of what sponsorship entails?

  5. #5
    Join Date
    Oct 2011
    Posts
    5

    Default Re: Overstaying and Marriage

    No, I'm not to sure if he knows what sponsorship entails. Are you willing to explain?

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

    Default Re: Overstaying and Marriage

    The sponsor/co-sponsors would have to (generally) sign the I-864 Affidavit Of Support. This is a contract between the sponsor and the US government, promising that the immigrant won't become a public charge (basically won't go on welfare). They are effectively promising to, if needed, provide support up to 125% of the Federal Poverty Level. Think along the lines of $1100/month.

    It used to be that only the government would seek reimbursement from the sponsor if the immigrant did become a public charge, but since 2005/6 there have been an increasing number of lawsuits against sponsors and none - as far as I'm aware - have gone against the immigrant. The I-864 is also being used during divorce cases to calculate spousal support even in cases where ordinarily no spousal support would be ordered (for example, for a short marriage).

    The obligation does not end until one of these conditions is met:

    1. The immigrant dies;

    2. The immigrant leaves the country permanently (abandons their residency)

    3. The immigrant earns 40 qualifying SS quarters (works for around 10 years)

    4. The immigrant naturalizes (becomes a US citizen).


    This is a very serious commitment. And unfortunately most sponsors don't realize the gravity of the potential obligation.

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