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  1. #1
    Join Date
    Apr 2007
    Posts
    9

    Default Overstayed and Getting Married

    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?

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

    Default Re: Overstayed and Getting Married

    Ask the county clerk in the county where you intend to marry whether they require any proof of status or citizenship. We can't find that out for you, as you haven't given us any information about your location.

    The bigger issue is whether you might be accused of having entered the U.S. under false pretenses after you marry and petition for modification of your status, and I suggest you discuss that with the "bunch of immigration lawyers" before you overstay your visa.

  3. #3
    Join Date
    Apr 2007
    Posts
    9

    Default Re: Overstayed and Getting Married

    With my divorce, I didn't know the dynamics of it till a few months ago. I didn't know it would take this long cuz we have been separated for a year. And it was my ex-husband in Europe who filed it. It wasn't really my intention to stay here in the beginning because my bf was told they were going to be sent back to Manila to work and I was only visiting. Then when I got here their company told him that they've changed their mind and they're staying here till next year. So we decided I'll stay a little longer. And we don't want to be apart and decided to get married later on.

    Thanks for your reply. I'm in Georgia. I'll check on that.

  4. #4
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Overstayed and Getting Married

    The Marriage license agency will not care if you visa is expired. As long as your passport is still valid. One thing to watch for However, is that some of the counties will ask for a social security number. The law states that you must present your SSN IF you have one. What this means is that IF you do not have one, you can still get married.

    Once you marry, you can apply to adjust your status. There is no official "forgiveness" for overstaying, but as long as you are not working, and you stay out of trouble, you should be able to adjust your status based on your marriage without any problems.

    DO NOT MARRY before you divorce is final. That would automatically make your current marriage a fraudulent case and it would definately cause you many problems!

  5. #5
    Join Date
    Apr 2007
    Posts
    9

    Default Re: Overstayed and Getting Married

    I do have a SSN from when I was on a student visa here 13 years ago so I'll just give that if they ask for it. Thank you for the replies. I really appreciate it.

  6. #6
    Join Date
    Apr 2007
    Posts
    9

    Default Re: Overstayed and Getting Married

    i was just wondering, in my case, will we need an immigration lawyer to help process my change of status later on? or can we do it ourselves? if we do, will it cause any problems since i have overstayed then? cuz we heard of some people who has filed their change of status documents without a lawyer but in a different situation since their spouses did not overstay so they did not have any problems. i was wondering if you could do the same if you overstayed. legal fees are just so expensive.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overstayed and Getting Married

    Whether or not you hire a lawyer to assist you is a personal decision. It would be irresponsible to say "Don't hire a lawyer" - I don't know enough abuot your case. If it's worth the cost for you to get additional peace of mind, then hire a lawyer.

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