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

Asked over 1 year ago - San Francisco, CA

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)

  1. Alexander Joseph Segal

    Contributor Level 20

    11

    Lawyers agree

    Answered . it is a good idea not to overstay.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. F. J. Capriotti III

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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... more
  3. Olga Bychok

    Contributor Level 17

    8

    Lawyers agree

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

  4. John Robert Egan

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . 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.

  5. Otis Carl Landerholm

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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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