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  1. #1
    Join Date
    May 2017
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    1

    Default Can You Gain Citizenship Based on Marriage After Overstaying a Visa

    My fiancé came here for 6 months to attend high school. She then decided to stay and attend college as well, but her visa has been expired for over 6 years. I proposed to her and we are wanting to get married. Can anyone please help me with the process? Is it possible for her to gain citizenship? I am wanting to travel to Taiwan with her and meet her immediate family, but I know she won't be able to return due to her over staying her expired visa. Any help is greatly appreciated.

    Thanks

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

    Default Re: Can You Gain Citizenship Based on Marriage After Overstaying a Visa

    Once you marry you can file a petition for her based upon her lawful entry, seeking to adjust her status based on marriage. If you succeed in that process she will become a conditional legal permanent resident (LPR), will be able to seek removal of the conditions after two years, and will ultimately be eligible to naturalize.

    You are correct that she should not leave the U.S., and in fact she is presently at risk of removal.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Gain Citizenship Based on Marriage After Overstaying a Visa

    I agree with Mr. K. As soon as you are married, you should apply for her adjustment of status. As she has entered the US legally, the adjustment should be straightforward and once the application is made, she should be safe from immigration actions while it is pending.

    However, until that time, she's on tenuous ground ESPECIALLY if she leaves the country. She will most likely be denied reentry and possibly even subjected to a period of ban on entry (even with the status adjusted). The ban can be lifted, but it takes more paperwork and more filing fees (we're going to be talking on the order of $2000 additional not counting what you're going to pay to an attorney to unravel the mess). She'll also not be allowed back while this is happening.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can You Gain Citizenship Based on Marriage After Overstaying a Visa

    Quote Quoting flyingron
    View Post
    I agree with Mr. K. As soon as you are married, you should apply for her adjustment of status. As she has entered the US legally, the adjustment should be straightforward and once the application is made, she should be safe from immigration actions while it is pending.

    However, until that time, she's on tenuous ground ESPECIALLY if she leaves the country. She will most likely be denied reentry and possibly even subjected to a period of ban on entry (even with the status adjusted). The ban can be lifted, but it takes more paperwork and more filing fees (we're going to be talking on the order of $2000 additional not counting what you're going to pay to an attorney to unravel the mess). She'll also not be allowed back while this is happening.
    In other words, you should not plan on leaving the country until her permanent resident status has been fixed.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can You Gain Citizenship Based on Marriage After Overstaying a Visa

    He can leave, she should not.

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