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  1. #1
    Join Date
    Apr 2008
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    2

    Default Does It Matter if You Get Married Before or After the Visa Expires?

    Ok I did some searching and it sounds like it should be ok if she overstays on her visa, and then we get married, and then file the forms, but I just want to double check with everyone else, so here's the story and question below. Thanks for reading and sharing your info:

    Alright, so her J1 Visa expires January 20th, and the date on the I-94 form says she can stay here till February 20th.

    It's kind of a tricky situation, but we won't be able to get married till after Jan20th.

    Ok, well actually we can get married before, but it's going to be really expensive and time consuming to get it done. I'm stuck in Texas as a fulltime student and she's stuck in Virginia doing that Au-Pair nanny thing. Her last day with the aupair thing is Jan20th. So after she's done with that the plan was for her to move down here, live with me, and get married.

    We're just worried that if we get married after her visa expires, that when we file the i-130 and i-485 forms she'll get denied for some reason like the marriage isn't official since the visa was expired when it took place.

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

    Default Re: Does It Matter if You Get Married Before or After the Visa Expires?

    Is she subject to the two year foreign residence requirement? She would need to get that waived to stay in the U.S., even if she marries a citizen.

    You can marry even if her visa has expired, but check to be sure that you'll be able to get a marriage license in the state where you intend to marry if she's out of status. Also, keep in mind that she needs to stay in the U.S. while her adjustment of status is pending, unless she gets advance parole permitting travel prior to its approval.

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