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Can I still get married to a US citizen?

Orlando, FL |

I overstayed my ESTA with 2 months, can I still get married to a US citizen? If yes, what the proper process would be and how can I get started and what papers will the courthouse ask if we get married and will they check my status if we register to get married? Thank you very much for help in advance.

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Attorney answers 5


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.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog: