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What happens if you marry someone who overstayed their visa?

Posted on September 2, 2022 by Author

What happens if you marry someone who overstayed their visa?

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.

How long do you have to stay married to become a U.S. citizen?

As a permanent resident who is married to a U.S. citizen, you may be eligible for naturalization after just three years. This is a significant benefit (as it normally requires five years as a permanent resident before applying for citizenship).

Can you marry someone who has been deported?

Can a deported person come back legally by marrying a citizen? Often yes (unless prior marriage fraud) after an immigrant petition approved and waiver(s) granted. You must also have an underlying available immigrant visa.

How fast can you get a green card after marriage?

The current total wait time for a marriage-based green card ranges between 9 to 36 months, depending on whether you are married to a U.S. citizen or green card holder and where you currently live (not including possible delays).

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What happens if my visa expires and I marry a U.S. citizen?

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 potentially 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).

What happens if I marry a US citizen?

After you marry a U.S. citizen, you can apply for a green card. While USCIS is processing your application, you can apply for “advance parole,” which gives you permission to travel. Unless you have an emergency situation, USCIS will take two to three months to process your parole.

Can you apply for citizenship after being deported?

Following deportation, a foreign national would need to file Form I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This lets you ask USCIS for permission to submit an application to re-enter the United States.

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Can you marry someone in another country if you’re already married?

No, you cannot get married in the US if you are already married, no matter where the first marriage took place.

What happens when you marry an American citizen?

If you marry a U.S, citizen, you won’t be eligible for U.S. citizenship right away. But you might become eligible for a U.S. green card, which can lead to U.S. citizenship. But you might become eligible for a U.S. green card (lawful permanent residence), which can lead to U.S. citizenship.

What happens if you overstay your Visa and marry a US citizen?

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 potentially 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).

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When can a spouse travel to the United States after immigration?

After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

What happens if you get married outside the US?

If you marry outside the U.S. and that is where your new spouse lives, you will have two choices: 1 Your spouse can remain outside the U.S. until an immigrant visa is issued, or 2 You can apply for a K-3 nonimmigrant (temporary) visa, which allows entry while the initial visa petition is being… More

Can a temporary visa holder get a green card by marriage?

In order to start this process, you will need to get married and register your marriage with local officials. Again, be mindful of the “90-day rule” — temporary visa holders who marry or apply for a green card within 90 days of entering the United States could find their green card applications denied and their current visas revoked.

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