I'm currently in the country under a tourist visa but it will expire in a couple of months. I'm staying with my US citizen bf whom i met from my previous job in the philippines and we're planning to get married. The thing is i'm going through a divorce right now with my european ex-husband which was filed last year. And the divorce won't be finalized till around Oct this year. We're planning to get married after that is finalized. But by then I have overstayed. We have spoken to a bunch of immigration lawyers and they have said that I could overstay a little bit for a few months and go on "out of status" till we get married. And that is forgiveable. I'm not working or whatsoever because I don't want to be committed of a crime or cause any problems with the process.
What i'm concerned about is when we apply for a marriage license if they will check my status here. Because my friend in another state who got married last year said that they asked for her passport and birth certificate but she didnt know what they checked but she didn't have problems because her visa wasn't expired yet when they got married. We have checked at our county and they ask for the same type of IDs for application of marriage license. I was just wondering if you know if they check if you're here legally or not when you apply for that or if they just check your age. Cuz I have heard a bunch of illegal aliens getting married but I don't know if they inform the county registrar that they are here illegally or not. Or can we apply for the marriage license now while my visa is still not expired and then wait till my divorce is over and then get married? Would that work or cause problems later?

