Overstayed visa. If Marry a US citizen outside of the USA can you still get the US citizenship?

Asked over 1 year ago - New York, NY

Overstayed my F1 visa by more than a year, which would give me a 10-year ban. I know your "sins are washed away" if you marry a US citizen (bona-fide marriage, of course) on American soil but is it a different "game" if you marry outside of the USA? I imagine it would take a lot more time. Would there be a problem getting citizenship with that history of overstayed visa or that wouldn't be an issue as long as the marriage is truthful/bona-fide?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    3

    Answered . I think you "know" way too much and way too wrong. You are confused. YOu need to consult an immigration attorney. We have plenty to choose from here in NYC.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Dean P Murray

    Contributor Level 18

    2

    Lawyers agree

    Answered . Consult an immigration lawyer.

    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    (Office located within minutes of the George Washington Bridge)

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  3. Ilona Dzhamgarova

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You better speak with Immigration lawyer regarding waiver .

  4. Fernanda Nunes Hottle

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You don't acquire US citizenship simply by marrying a USC. You would become a legal permanent resident first, and only after a few years would you be able to apply for citizenship.

    Once you overstay your visa and leave the US, you automatically receive a 10-year bar. The only way to enter the US legally again would be to either remain outside for 10 years or apply for a waiver. These types of cases are complicated, and I recommend you consult with an immigration attorney first and foremost. A lot needs to be considered. Good luck.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client... more

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