Marrying an illegal alien... please help!?

[rickynlucy 0]

I kind of wonder if what you guys say is true... As you all read, her visa expired a year ago, this will give her a bar and makes her inadmissible for 10 years.. please notice: someone can be unlawfully in the US (like this guys' fiance) and still be inadmissible at the same time. In my understanding this would mean that she will not be able to stay in the US as she is ineligible and she might actually be deported. Also, I am afraid that the USCIS will most likely think that her wanting to marry now is a way for her to try and stay in the US (not saying it is like this but it is what they might think).

Anyways, you might want to read this also: http://www.temple.edu/ois/pdfs/Overstayand...eprovisions.pdf or this page on google books: http://books.google.com/books?id=8vNnXnJCh...lt&resnum=5 (the example about the Korean student).

There is, btw, a lot of info if you do a search on Google.. and like the rest said, see what an immigration lawyer will say and can do

Good luck!

JeroenAndMichelle a ban is not incurred and a waiver is not needed until and unless she leaves the country. If she is eligible to adjust in the country, there will be no ban or waiver.

[noodlesweasel 0]

I was on a J1 exchange visa, I was able to get a waiver for the 2 HRR. After my J1 visa, I applied for an extension of stay (b-2) but it took so long for the USCIS to process this B2 visa. I left before the decision of the B2 visa. My lawyer said I did not overstay coz I file on time and left US while processing my b2 visa. I also have a D/S (duration of stay) in my passport. Why dont you check this link:

http://www.region7.nafsa.org/222g.pdf

I hope that will help you. Have a good one!

[TonyS 0]

Yes you can marry her and she does not have to live the USA. I overstay is forgiven provided the alien entered the USA legally and marries a citizen. It is a sort of "Magic Ticket". Yes she will need to apply for a waiver along with the AOS. I've done the research for a friend. Email me and will provide you with the details.

Tony

[maryces21 0]

Yes you can marry her, some courts just ask for Driver license or Passport, depends what State you live. After you married her you can apply for a inmigrant visa and AOS, she defenitivaly can not go out the country until all this is over, probably 6 monts to 1 year. Just be ready for filling out a lot od papers, requirements and money. Wish you the best.

[TonyS 0]

Yes you can marry her and she does not have to live the USA. I overstay is forgiven provided the alien entered the USA legally and marries a citizen. It is a sort of "Magic Ticket". Yes she will need to apply for a waiver along with the AOS. I've done the research for a friend. Email me and will provide you with the details.

Tony

Correction to my earlier post. I meant "Yes you can marry her and she does not have to LEAVE the USA."

[GlobeHopperMama 95]

Also, she won't need a waiver for her unlawful presence unless she leaves the US. If she DID leave the US, that is how she would incur the ban - 3 yrs if her overstay was more than 180 days, 10 yrs if it was more than 365 days. In that case, she WOULD need the I-601 waiver. But as it stands, her overstay will be forgiven through marriage to you as long as she's eligible to AOS. So just make sure she stays in the US until she has a green card in hand.

[Diazy 10]

I had similar situation. I was on J1 visa through Work and Travel program. But I didn't have overstay. I got married and now I have a pending case.

So guys, if you are truly in love, go and get married. You will need passports or IDs. And then you can submit AOS package. If you have questions, feel free to ask.

[john_and_marlene 162]

Yes you can marry her and she does not have to live the USA. I overstay is forgiven provided the alien entered the USA legally and marries a citizen. It is a sort of "Magic Ticket". Yes she will need to apply for a waiver along with the AOS. I've done the research for a friend. Email me and will provide you with the details.

Tony

False. She will not need a waiver.

[Bobby+Umit 161]

Yes you can marry her and she does not have to live the USA. I overstay is forgiven provided the alien entered the USA legally and marries a citizen. It is a sort of "Magic Ticket". Yes she will need to apply for a waiver along with the AOS. I've done the research for a friend. Email me and will provide you with the details.

Tony

False. She will not need a waiver.

They could still have the AOS denied since the beneficiary was not admitted or paroled following inspection by an immigration officer.

(I-485 10. Who is not Eligible to Adjust Status? C.)

In that case, they would forward the application to beneficiary's consulate/embassy of the home country, and if she leaves, she would have the ban applied.

I wouldn't count on overstays being "forgiven" - nothing in the rules state as such that I have seen. I would try to prepare for any outcome.

(if that takes a lawyer, so be it)

I see a lot of "probably", "usually", statement's, but nothing in writing that they will do it everytime.

[Svetlana 0]

It's depend on your State. I came to US as a tourist 12 years ago and married American right away, never went back to my Country for immigration paper.

My personal email is svetlana.berg@gmail.com

[john_and_marlene 162]

Yes you can marry her and she does not have to live the USA. I overstay is forgiven provided the alien entered the USA legally and marries a citizen. It is a sort of "Magic Ticket". Yes she will need to apply for a waiver along with the AOS. I've done the research for a friend. Email me and will provide you with the details.

Tony

False. She will not need a waiver.

They could still have the AOS denied since the beneficiary was not admitted or paroled following inspection by an immigration officer.

(I-485 10. Who is not Eligible to Adjust Status? C.)

In that case, they would forward the application to beneficiary's consulate/embassy of the home country, and if she leaves, she would have the ban applied.

I wouldn't count on overstays being "forgiven" - nothing in the rules state as such that I have seen. I would try to prepare for any outcome.

(if that takes a lawyer, so be it)

I see a lot of "probably", "usually", statement's, but nothing in writing that they will do it everytime.

She did not enter without inspection--she came on a J1 and processed through a POE.

There was a legal precident case that ruled that AOS cannot be denied because of overstay when the adjustment is based on marriage to a USC. This ruling is applied without variation since the ruling.

[Bobby+Umit 161]

Yes you can marry her and she does not have to live the USA. I overstay is forgiven provided the alien entered the USA legally and marries a citizen. It is a sort of "Magic Ticket". Yes she will need to apply for a waiver along with the AOS. I've done the research for a friend. Email me and will provide you with the details.

Tony

False. She will not need a waiver.

They could still have the AOS denied since the beneficiary was not admitted or paroled following inspection by an immigration officer.

(I-485 10. Who is not Eligible to Adjust Status? C.)

In that case, they would forward the application to beneficiary's consulate/embassy of the home country, and if she leaves, she would have the ban applied.

I wouldn't count on overstays being "forgiven" - nothing in the rules state as such that I have seen. I would try to prepare for any outcome.

(if that takes a lawyer, so be it)

I see a lot of "probably", "usually", statement's, but nothing in writing that they will do it everytime.

She did not enter without inspection--she came on a J1 and processed through a POE.

There was a legal precident case that ruled that AOS cannot be denied because of overstay when the adjustment is based on marriage to a USC. This ruling is applied without variation since the ruling.

Ah - I just saw "illegal" in the title.

Do you have a link to that precident?

[john_and_marlene 162]

Yes you can marry her and she does not have to live the USA. I overstay is forgiven provided the alien entered the USA legally and marries a citizen. It is a sort of "Magic Ticket". Yes she will need to apply for a waiver along with the AOS. I've done the research for a friend. Email me and will provide you with the details.

Tony

False. She will not need a waiver.

They could still have the AOS denied since the beneficiary was not admitted or paroled following inspection by an immigration officer.

(I-485 10. Who is not Eligible to Adjust Status? C.)

In that case, they would forward the application to beneficiary's consulate/embassy of the home country, and if she leaves, she would have the ban applied.

I wouldn't count on overstays being "forgiven" - nothing in the rules state as such that I have seen. I would try to prepare for any outcome.

(if that takes a lawyer, so be it)

I see a lot of "probably", "usually", statement's, but nothing in writing that they will do it everytime.

She did not enter without inspection--she came on a J1 and processed through a POE.

There was a legal precident case that ruled that AOS cannot be denied because of overstay when the adjustment is based on marriage to a USC. This ruling is applied without variation since the ruling.

Ah - I just saw "illegal" in the title.

Do you have a link to that precident?

Not in my pocket, but I believe it is referenced with a link in the AOS section of the adjudicator's field manual.

[Bobby+Umit 161]

Not seeing the reference - still looking

[john_and_marlene 162]

http://www.uscis.gov/propub/ProPubVAP.jsp?...8ce159d286150e2

Look at the text of "Matter of Cavazos" This case deals with both overstay and preconcieved intent to remain regarding Immediate Relatives.