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  1. #1

    Default Marriage To A U.S. Citizen After Overstay

    Please help,

    Here is my case and please let me know what to do:

    Came to the US in 1999 on a student visa. Finished my studying in 2005 and since then i never left the US. As of right now I overstayed for 2 years.

    Me and my girlfriend are getting married in July( in the US). Is it possible for me to get the Green Card based on her applying for me.

    If so what do we have to be carefull about? My employment, taxes, why did I overstay............ any information would help us a lot.

    Thanks

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

    Default Re: Marriage To A U.S. Citizen After Overstay

    If you entered legally, it is possible to apply for adjustment of your status on the basis of marriage. Whether your conduct during your overstay will interfere with that process, I can't really answer. If you have unpaid taxes, consider paying them.

  3. #3

    Default Re: Marriage To A U.S. Citizen After Overstay

    Yeah I entered legally. Have been working and also paid taxes. I am just afraid that we will get married and then apply, and i will be send back home.

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

    Default Re: Marriage To A U.S. Citizen After Overstay

    Assuming no other facts you are not excluding, (criminal record..etc), then there would not be any reason for them to deport you based on your application for permanant residency (Green card)

    US citizen marrying an alien who overstayed is a very common occurance. As long as you entered legally and can prove that your marriage "real" and not just to get a green card, then you should not have any reason to fear a deportation based on your application.

    Here is a link to permanant residence through a family member.

    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

  5. #5

    Default Re: Marriage To A U.S. Citizen After Overstay

    Yeah I entered legally and have no criminal background or something like that. Was being a good 'citizen'

    I know they do a background check on me as being a foreign but does anyone know what kind of background check they do for a spouse that sponsors you? My soon to be wife girlfriend was born here and she is a US Citizen.

    Thanks

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marriage To A U.S. Citizen After Overstay

    Are you worried about something in particular?

  7. #7

    Default Re: Marriage To A U.S. Citizen After Overstay

    Not really. Was just being curios about the whole process and she asked me if they also do a background check on her and I didn;t know

  8. #8
    bulacenya Guest

    Default Re: Marriage To A U.S. Citizen After Overstay

    perhaps you may not need a lawyer to handle your case, but better to consult a lawyer. i went to a lawyer because my husband is illegal no legal entry at all. i asked the lawyer if i can file for him without being oblige to go back to his country. the lawyer said no, it used to be like that by simply paying a fine he will be able to adjust his status.

    the lawyer told me that if he would have come with a visa, he will be able to because we are married. so figure it out.

    in short!
    anyone who came here legaly and married to a citizen has a possibility to adjsut status without going back. but pls im telling you this because thats waht the lawyer told me, that if my husband came legaly no matter he dont have visa anymore, it was better. and much easier. so i dont know if it can be apply to your case.
    goodluck!
    i suggest you go to a lawyer and ask,
    better immigrtion lawyer not paralegal or up to you ok

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