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If I overstay my Visa W. by 1 month then get married to American outside US, then try to get US status, how hard?

San Francisco, CA |
Filed under: Immigration Green cards

We are a couple who met this year in Thailand in April. When I visited the U.S. in June we went to Hawaii together and fell in love there.
I'm a British citizen and came to the US on a 90 day visa waiver on May 23rd which is about to expire. We want to stay in the US until late September and then travel for an indefinite time, anywhere from 4 months to a year.
I don't want to have any US working or travel restrictions if we decide to come back to America after travelling. What's the best way to proceed?
Should we try to get married this week before my Visa W. expires?
If I overstay and then get married can we still travel and come back without complications?
If I overstay and then we leave and then get married outside of US, then try to come back to US, could there be complications?

Attorney Answers 5

Posted

it is a good idea not to overstay.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Do not violate your 90 day permit.

Do have a Skype consultation with an attorney.

Do develop a 'proper' future plan ... while talking to the attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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2 comments

Asker

Posted

Thank you, Mr. Capriotti. A skype consultation sounds like a great idea. How can I set one up? Can I find a free one?

F. J. Capriotti III

F. J. Capriotti III

Posted

Most immigration lawyers don't provide free consultations. That is because 90% of the value we provide is in the planning of a course of action. franco@capriotti.com

Posted

Mr. Capriotti is correct. Absolutely, have a consultation with an immigration attorney.

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Posted

You have not mentioned the nationality of your fiance. Assuming she is a U.S. citizen there are some options if you act quickly. However you will need to be flexible with your travel plans, the USCIS will not be flexible with their rules. Without a doubt, you need to talk to an immigration lawyer very soon. You will absolutely have complications if you overstay and attempt to return to the U.S., whether you are married or not.

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Posted

If your significant other is a US citizen, and if you got married this week, and if you are otherwise "admissible" to the US (you have no fraud, no criminal history, no drug history, no unlawful presence, you're not a terrorist etc), you may be able to file a last minute application for your green card before your visa waiver program time expires. It would take a lot of work and it would require a lot of effort on the part of you and your spouse - not to mention your attorney. If you'd like to know how to do it, please feel free to contact my office - in San Francisco, and I'd be happy to help you. Good luck.
Otis C. Landerholm, Esq.
www.LanderholmLawOffice.com

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