Does marriage change immigration status?

[mamo 0]

I am a USC.

My GF is currently on overstay (a few years by now), so i wonder what will be her status from the time we get married until we start any type of paperwork? does marriage alone guarantee anything?

On a side note, i think the settings on the profile should have an option of USC for people like me who are trying to help their spouse.

Thank you for your time.

[belinda63 3,039]

You are saying she has overstayed so based upon this she came here on some sort of visa and just never left? You can certainly marry her and file for AOS (adjustment of status). The problems you are looking at is from the time of marriage until you actually file for AOS she is subject to detainment and deportation same as she is now since she will still be out of status, just marrying a US citizen gives her no more rights to stay than not being married.

After the filing of AOS and receipt of the NOA it would be advisable for her to carry a copy of it just in case. Her status will then become pending and if something were to happen usually the deportation hearing would be delayed pending the outcome of the AOS application.

While she could file for AP (advance parole) for free with the AOS application in her case it would be useless since if she leaves the country prior to receiving her green card she will be subject to a 10 year ban even with her application pending.

Study the guides and walk softly.

[canadian_wife 1,823]

The simple fact of marrying your girlfriend will not change her immigration status. You must petition for her to become a permenant resident and no - marriage does not guarentee anything.

What sort of visa did she enter the US on initially?

Good luck

[payxibka 10,045]

I am a USC.

My GF is currently on overstay (a few years by now), so i wonder what will be her status from the time we get married until we start any type of paperwork? does marriage alone guarantee anything?

On a side note, i think the settings on the profile should have an option of USC for people like me who are trying to help their spouse.

Thank you for your time.

The marriage event changes nothing as it relates to her status.... the act of marriage simply changes the available "paths to immigration" but nothing changes until you actually submit the documents and they are approved

[Darnell 8,478]

She'll need to go through the Adjustment of Status process, after you two marry. Many times, any overstay is forgiven, but be prepared to be examined and vetted on the bonafides of your marriage.

Welcome to VJ ! Run through this guide --> http://www.visajourney.com/content/i130guide2

repeatedly, practice filling out the forms often - then when you have pointed questions, do come back and ask. This is a DIY Immigration Portal - lots of info here for reading, but reading is important, aye?

*** not a K-3 topic, moving to 'Adjustment of Status from Work, Student, & Tourist Visas' forum ***

Edited July 5, 2010 by Darnell

[ValerieA 350]

If you are planning on getting married, I would suggest sooner rather than later. Although chances are slim she would end up in deportation proceedings, if she does, they will look pretty hard at your case and tend to assume fraud if you get married after proceedings have started. Plus, the sooner you can apply for AOS the better. I am assuming she has not represented herself as being a US citizen or faked an SSN, which could cause serious problems for AOS.

[JimVaPhuong 4,863]

Here are some of the "gotchas" that would affect her eligibility:

1. If she entered without inspection

2. If she entered with any type of visa that expressly forbids adjustment of status

3. If she entered with a K visa, and you are not the petitioner

4. If she entered on a J student visa that has a foreign residency requirement

5. If she was convicted or admitted to any crime that would make her inadmissible or deportable from the US

6. If she is in removal proceedings (it's possible to be in removal proceedings and not know it)

Barring these (and some other less common reasons), she should be eligible to adjust status based on the marriage. An overstay will usually make someone ineligible to adjust status, but it specifically does not apply to the immediate relative of a US citizen.