yes you may marry even as an overstay. The process after marriage involves visa petition and adjustment of status. Since you arrived on an ESTA CIS has the authority not to adjudicate your adjustment application. However, this authority is not often exercised. You will be well served to obtain legal counsel in the process.
I agree with Attorney Brown. You can marry a USC even though your visa expired. The marriage must be a bona-fide good-faith marriage and not for any other purpose. Hire a experienced immigration lawyer to help you out.
Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.
You can get a green card through a US citizen spouse if you overstayed your visa. each state is different with respect to obtaining a marriage license. Usually you only need identification such as a passport.
That is not a question about immigration law, but rather a question for the local clerk of court. You should be able to get married regardless of your status, but different counties have their own rules.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You can get married, no problem. However, when you apply for adjustment of status I-130, I-485, etc. you might have an issue, because you came through ESTA. As such, you should have an attorney handling your case.
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