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  1. #1
    Join Date
    Nov 2015
    Posts
    26

    Default Marriage After Visa Expired

    I am Interested in starting the Naturalization process and updating my wife's status. She unfortunately overstayed her visa. I know there are extra forms and fees to pay because she overstayed. I know I can petition for an an Alien Relative which is apart of the process. She can go home (from what I hear is not advised) or stay here. What advice do you have? What should I do and start? I would love to get her a perminant visa or at the least a work visa to she can work and drive.

  2. #2
    Join Date
    Jul 2018
    Posts
    1,738

    Default Re: Marriage After Visa Expired

    Quote Quoting IamWill80
    View Post
    What advice do you have? What should I do and start?
    The only viable advice you can get from anonymous strangers on the internet is to consult with a local immigration attorney.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,255

    Default Re: Marriage After Visa Expired

    If you wife is here on an overstayed visa alone, you can't start the naturalization process now. She's not elgible.

    Presuming you are a US citizen, and she entered legally to begin with, then once you are married you can start the change of status procedure to allow her to become a permanent resident. That can take upwards of a year. She then will get a conditional green card for two years. Then if things work out, she'll get a permanent one after that. After she's had a green card for three years, THEN if she meets all the other requirements, you can start the naturalization process. They'll let you get a jump on the paperwork filing 90 days before she's officially eligible.

    Note that the usual warnings about bona fide relationships and your pledging to support her going forward (even *IF* it doesn't work out for you and split up) apply.

    It's easy to screw up the filings if you don't understand things. It's good insurance (time and money wise) to use an attorney for this. There are other things that need to be done in the event she needs to leave the country before the permanent residence is approved. Plus, even after that, she needs to realize that leaving the country can mess with both the naturalization and the ongoing retention of residence status. Again, the lawyer can advise you.

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