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  1. #1
    Join Date
    Dec 2011
    Posts
    2

    Default Can You Divorce and Remarry While Out of Status

    me and my wife came here having a tourist visa, we decided to overstay to start our life, but it didnt go our way, we've been separated for almost 2 yrs now, we both have our own lives, and im in a relationship right now and want to get married, just want to know if i can divorce my wife even though i am (out of status/overstayed) here in the usa and get married to my girlfriend who is a us citizen. how can i do that? and how long is the process? hope you could help me and give me ideas what to do. thank you.

  2. #2

    Default Re: I Overstayed, Can I Get a Divorce and Re Marry

    First off. One thread on the issue is enough.
    Secondly. You will need to obtain a divorce.
    Thirdly. Get married to your US Citizen Girlfriend.
    Fourthly. File I-130 and I-485.

    I trust that your relationship is bonafide.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: I Overstayed, Can I Get a Divorce and Re Marry

    I like lornaevo's advice...

    Then you can hope you are really divorced in your country of origin.

    You can start processing paperwork, with documented proof you overstayed illegally.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I Overstayed, Can I Get a Divorce and Remarry

    We don't know any of the facts of your case, so we don't know if you would be eligible to adjust your status based on marriage.

    You can explore the laws of your undisclosed state in relation to whether you can marry in that state without proof that you're lawfully in the country. You chose not to follow the instruction to identify the state, so we can't look up the law.

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