Citizenship and Marriage
Green Cards

If your girlfriend overstayed her visa by more than a year and you want to get married should you first get married then apply for a green card or vice versa?


Top Answer
User Avatar
Wiki User
2009-05-22 01:28:07
2009-05-22 01:28:07

Coming from the Polish community, we just recently had a girl that was here 16 years illegal (from 2 to 18) A couple days after her 18th birthday she got married, and thus applied for a green card. Her green card would have been rejected if she wasnt married. She did pay a fine tho for overstaying her visa

You also have to file several forms. I-485 Adjust Status- Because she came legally but overstayed I-130 Petition for Relative - Filed by you to claim your wife I-864 Affidavit of support- You have to prove you can support your spouse 125% while her working papers are pending.


Related Questions

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.

No, you have to first obtain a green card and fulfill the residency and criminal background requirements.

You should apply for a returning visa (SB-1) at the closest US consulate or embassy.Only if the reason for not returning is acceptable by the consulate or embassy official your application would be processed.

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

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.

Marrying a US citizen does not automatically make the other person a citizen. Spouses of US citizens can and do get deported everyday. Send him back home and apply for him while he is not in the U.S.

Yes. No identifying documents should be requested when you apply for a license to get married.

You will need a court order and you should apply ASAP. You should consult with an attorney.

YOU need not do anything, he on the otherhand should apply for citizenship THEN you should get married.

Neither of you is old enough. A 17 year old requires parental permission to get married. Most states require you be at least 16 to apply for a marriage license, even with parental permission.

being married to an Australian will get you into the country. However once you have managed that you can normally apply for citizenship after 3 years.

If you are getting married in Chicago, you apply for a marriage license in Chicago.

Yes, you can apply for Dutch nationality. Even if you dont get married, if you live together, you can also apply for it but it takes longer of course.

everyone should apply for scholarships.

No. Welfare can not find out if you are married unless you apply for your spouse.

You do not need to be married any particular length of time to apply for US residency. Once you are married to a US citizen you can apply for residency right away. The process takes about 6 months to complete.

yes, apply as a single person that way when you marry your fiance you are an American citizen and it will make it easier to get him a green card.

If you are married, you can apply for divorce.

No, you cannot apply for a license to get married if you are already married. You have to wait until the divorce decree is final.

If your pregnant girlfriend is on Medicare it will cover it. Normal deductibles and co pays still apply.

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 they are married, they are referred to as a "married couple." If they are not married, usually the term "girlfriends" would apply.

Copyright ยฉ 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.