Quick Answer: Marrying An Immigrant Who Overstayed Visa?

If you are a foreign citizen who is in the United States without permission, having overstayed the time permitted under your visa (as shown on your I-94), you can indeed cure the problem if you enter into a bona fide (real) marriage with a U.S. citizen and then apply for adjustment of status (a green card).

Can you marry someone who has overstayed visa?

Her visa had expired years ago. U.S. immigration law provides that if an alien was inspected but overstayed their visa, their subsequent marriage to a United States citizen will “clean up” the overstay. That is, the spouse of a U.S. citizen can still adjust to lawful permanent resident status despite having overstayed.

Can a green card holder file for a spouse who has overstayed visa?

Indeed, if the spouse of the green card holder has overstayed legal status in the United States, it will not be possible to file for adjustment in the United States without leaving. This is stated in article INA 245(c) of the Immigration Code. Spouses of green card holders cannot use it.

Can you get a green card if you overstay your visa?

Can I Apply for a Green Card if I Overstayed my Visa? Yes, you can apply for a green card if you overstayed a visa. You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing).

Can an immigrant stay in the US after getting married?

Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application. If you choose this method, file a Form I-129F, Petition for Alien Fiancé(e). Filing instructions and forms are available on our Web site at www. uscis.

What happens when a U.S. citizen marries a non U.S. citizen?

An immigrant who marries a U.S. citizen must apply for a green card (U.S. permanent residence). This is a long process involving many forms and documents. After successfully obtaining a green card, the immigrant spouse can, after three years as a permanent resident, apply for U.S. citizenship.

How long do you have to be married to get a green card?

USCIS will issue you a conditional Marriage Green Card if you have been married for less than 2 years at the time of your interview. You can apply for a permanent Marriage Green Card after two years of marriage.

Can my wife stay in the US while waiting for green card?

In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card. On the other hand, consular processing can often result in quicker processing times. The trade off is that the couple may be separated.

How do you get a green card through marriage?

But first, we’ll go over the timeline and cost of applying for a marriage-based green card.

1. Marriage-Based Green Card Timeline.
2. Marriage-Based Green Card Cost.
3. Establish the marriage relationship (Form I-130)
4. Apply for the green card (Form I-485 or Form DS-260)
5. Attend the green card interview and await approval.

Can you marry someone to keep them from getting deported?

The short answer is no. Marriage alone won’t stop deportation or prevent you from being deported in the future. But, marriage to a US citizen can make it easier to establish your legal status in the United States.

Can I apply for citizenship after 3 years of marriage?

As a permanent resident who is married to a U.S. citizen, you may be eligible for naturalization after just three years. To qualify, you must have lived in the U.S. continuously for the three years immediately preceding the date you file Form N-400, Application for Naturalization.

What are the benefits of marrying a U.S. citizen?

Ability to Apply for U.S. Citizenship Earlier Than Most There’s yet another benefit to being married to a U.S. citizen: Three years from the date you become a permanent resident, you can apply for U.S. citizenship, so long as you remain married to and living with the citizen all the way up to the swearing-in ceremony.

What happens if U.S. immigrant visa expires?

If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above.

Do you get paid for marrying an immigrant?

In the US, marrying just to scale immigration laws, called green card marriage is considered a fraud. The penalty is up to five years imprisonment and $250,000 fine. Although getting paid to marry a foreigner is a smart way to make some cool cash, we have to lay out the cards for you to make a pick.

Do you have to take a citizenship test if you marry an American?

Citizenship through Marriage Isn’t Mandatory USCIS does not require you to apply for citizenship based on the marriage. Generally, it is easier to prepare an application when applying for citizenship based on five years as a permanent resident.

What happens if you marry a U.S. citizen and then divorce?

The lives of most divorcees change once a marriage ends and the divorce is finalized. If, at that time, you are still married, you would become a full permanent resident. However, if you divorce before your joint application for full residency is filed, you could lose your status and face deportation.