The USCIS or U.S. consulate/embassy might deny him a visa and give him a penalty of 10 years without being eligible for a visa. Being married to you (a U.S. citizen?) might help him, but don't count on it.
Dear Sir/Madam . I entered the country in early 2006 with a visitors visa (Type b1/b2), but now I have overstayed .. I want to apply for permanent residency but I am afraid that since I overstayed my visa I will not be eligible. I am going to marry with one USA Citizen , what is the process? how much time it takes for me to get Citizenship? she is married and having 3 kids her hubby was passed away long back. After marriage can I visit my home country to see my parents? if I get any law problems? after marriage if any other reason we separate what rules can apply? please help me
The same way you marry a girlfriend that has not overstayed. Getting married has nothing to do with immigration law. However, any falsification on the marriage license can invalidate the marriage. Being in the country illegally will not change based on marital status. If you really want to get married and have a long relationship, consult an immigration attorney.
You can get married, but from an immigration standpoint, it will not grant you legal status. If you are overstayed, you must leave the country and return LEGALLY in order to appropriately take advantage of the US laws and constitution. You can also apply for a green card, however, it will not be granted because your are not eligible being overstayed with an expired I94. You are an ILLEGAL alien, thus you loose your privileges.
Depends, if you entered the country LEGALLY but overstayed your visa, then you can get legal residence without leaving the U.S. if you entered the country ILLEGALY, then you CANNOT get legal residence in this country, you would be required to travel to the U.S. embassy/consulate of your home country.
For starters, the foreign national has committed a crime of perjury for stating that they were single and could get married. One has to wonder what other falsifications are going to come forward in this relationship. One should contact the consulate for their country in a local embassy for more information on this.
The database did not find the text of a page that it should have found, named "You married a foreign man who overstayed his visitor visa for several years He went back to his home country to visit for several months Will he be able to return to the US without problems". This is usually caused by following an outdated diff or history link to a page that has been deleted. If this is not the case, you may have found a bug in the software. Please report this to an administrator, making note of the URL. This happened to me, so I am speaking from experience! No, he will not be allowed to enter (I had to have my wife fly to Canada and sneak her in that way). That is much harder to do now and remember it IS AGAINST THE LAW. I got caught but they let me go because of the paperwork I was carrying showing that I had applied for my wife's residency BEFORE I left and had marriage documents, everything. They did deport my wife out of Canada and I had to get her back with a student visa. He will most likely be flagged as having overstayed his visa thus breaking his visa obligations to leave the country as stated on his visa. You must file immediately papers for his residency. It may take up to 2 years or more to get his residency! Contact me (Archie) at email@example.com if you need more information No, you will have to file papers for his residency IMMEDIATELY as it can take 2 years or more for his approval. You can contact me (Archie) at firstname.lastname@example.org for more information and suggestions.
You get married the normal way, just as if you were marryng another American. If the alien is illegal because he overstayed his visa, you would file for adjustment of status after getting married and wait for the greencard here in the states. if the alien is illegal because he snuck into the country, you would file the I-130 then file for the K-3 in his country. He'd be denied and you'd then file the I-601
If you are married to a US citizen but your tourist visa is expired and you lost your I-94, you should immediately apply for a new visa or return to your country. Your I-94 is filed electronically, and you can get a new copy from the Department of Homeland Security. If you don't take action yourself, you may end up being deported and not allowed to return.
Overstaying a visa- no matter what classification- is grounds for deportation. If he is in hiding, you had better keep him there. Marriage would make no difference.AnswerIf the illegal alien can into the U.S. on a valid tourist visa even it is currently expired would be able to adjust status when he married a U.S. citizen. He would have to be careful about leaving the U.S. until he received his greencard because he could incur a 10 year ban for having overstayed.
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