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  1. #1
    Join Date
    Sep 2008
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    Default US Citizen Wants to Marry Imigrant Who Overstayed Her Visiting Visa

    I'm a US Citizen and I'm planning on marrying someone who came into the country on a tourist visa, but has overstayed it by over a year. I've been told different things by different people. I've been told that if she's entered legally and stayed passed that as long as she gets married and can prove that the marriage is legit, which it is, then she just has to do all the paperwork, etc involved. I have heard it suggested as well that since she's stayed passed a year of her visa expiring that there is a big chance that she could get exported even after we're married. She's never done anything wrong. She's doesn't have illegal documents nor has she lived off the government.

    My questions are: since she's stayed passed a year on her visa even though she entered legally, what should I be aware of? And secondly, if she were to go back to her home country, would she be denied a K-1 visa because of the 10 year ban thing? or would it be better for her to stay, get married to me, and then sort it out later?

  2. #2
    Join Date
    Feb 2006
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    244

    Default Re: US Citizen Wants to Marry Imigrant Who Overstayed Her Visiting Visa

    Yes, if she entered legally, you can marry and adjust her status even if she overstayed.

    Right now, she is out of status, so she could be deported at any time. If you marry her, and submit the applications to sponsor her, and adjust her status, she will be allowed to stay in the country until the cases are decided.

    If she leaves the country BEFORE you process the forms (get a receipt that the case is in process), she will be subject to the 10year ban on re-entry. It is important to note that marriage alone WILL NOT prevent her deportation. You must have the applications in process. Once you have the cases in process, you can apply for Advance Parole, which would give her permission to leave the country, and return with permission.

    If you are sure you about the marriage, and sure you want to stay here in the US, the best way to procede is to marry ASAP and file the necessary forms.. Below is a link to the process

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

  3. #3
    Join Date
    Sep 2008
    Posts
    3

    Default Re: US Citizen Wants to Marry Imigrant Who Overstayed Her Visiting Visa

    So does that mean then that as soon as we are married, we file, and then she's able to travel domestically with me via flights, etc? Or do we just wait until she's approved?

  4. #4
    Join Date
    Feb 2006
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    Default Re: US Citizen Wants to Marry Imigrant Who Overstayed Her Visiting Visa

    Travelling domestically with someone who is out of status is sort of a grey area right now...It use to be that as long as the person can show a valid, government (any) issued identification, such as their passport from their home country, they could fly domestically without any hassles...

    However, there was another thread awhile back that noted that the TSA is now sometimes checking to see that the person is also of legal status. They are checking to see that they also have a valid VISA as well. I have flown many times in the last 6 months, internationally and domestic and have not seen specific examples of this, but there was some report on this.

    Part of the process is to get an I765 Work authorization permit. This should happen within 6 months...This permit will allow her to get a SSN (for work purposes only) as well as valid state drivers license (assuming she passes the tests) Once this has been done, then I would say she would be safe to fly domestically. The driver's license will serve as a valid government (US) issued ID.

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