Will I be overstaying if my visa expires by the end of this year and getting married next month?

[Pyramidian 0]

I'm an immigrant with an E1 dependant visa (that is dependent to my dad who is also an immigrant), which will be expiring soon since I'll be Turing 22 in Dec. even though the actual visa expires some time early next year. I've been in America legally for 9 years. I'm getting married to a US citizen sometime next month though we have only been dating since May.

 

Is it enough time for me to change statuses so that I wont be breaking any laws? Would it look too suspicious? What should be our next moves? What papers should we file? How early should we file them? Is it okay that we aren't living together soon after marriage but planning to move soon?

 

Also we can't afford a lawyer so is this all possible to do on our own?

Edited July 30, 2017 by Pyramidian

[aleful 1,905]

hi

 

overstay is forgiven so I'd say wait, it is too soon to marry, get to know one another, and especially wait until you can live together. you will have to prove that you entered the marriage in good faith, and it looks like you are too desperate to stay

 

for immigration it looks like since you are aging out, you are desperate and found someone in 2 months to marry and adjust status, and you wouldn't even be living together. how are you going to prove bona fide marriage, having things in both your names with the same address?

Edited July 30, 2017 by aleful

[MacUK 983]

There is nothing legally wrong with your plan....

 

But...

 

As said before, you may have trouble convincing a suspicious adjudicator that you are marrying for love.

Think about it objectively. You've lived in the US for 9 years, almost half your life, and presumably have no wish to live back in the Philippines. And suddenly, just before you're due to leave, you meet, fall in love and plan to marry all within a very short period of time. 

This sort of thing might happen all the time in movies, but Hollywood and real life are different things.

 

Did you know your fiance for long before you started dating? 

 

 

[mallafri76 1,012]

Although overstays are forgiven for spouses of USCs, in today's climate, I wouldn't risk staying illegally in the US. Deportation is always hanging over those here illegally.

 

Either marry and take your chances with the AOS or leave the US and continue your relationship, then either do the K-1 or marry and do the CR-1 a bit down the road. 

 

If you're going with AOS, at least wait to get married until November, so you've been together at least six months before tying the knot.

[Pyramidian 0]

No I didnt know of him long before. It's funny he lives like a 5 minute drive away from me and I didn't know he existed and his bestfriend knew my brother. So small world.

 

But I do understand how that would look too suspicious even though it would be of good faith that we are doing it. 

 

I don't really think I'd want to go back and get a K-1 cuz then the flight would add on to the cost of everything.

 

Though do you think it would be too late to marry in November? If I'm gonna be turning 22 the month after?  I would be willing to wait that long if it meant a safer route for us and a better chance of getting approved.

 

Also does living together at his parents house prove bona fide marriage in a sense that we will be living together cuz we might need to do so just to save up abit to get an apartment so we won't be scrambling too hard. What are other ways to have prove bona fide marriage?

[sweetadams 138]

22 hours ago, Pyramidian said:

No I didnt know of him long before. It's funny he lives like a 5 minute drive away from me and I didn't know he existed and his bestfriend knew my brother. So small world.

 

But I do understand how that would look too suspicious even though it would be of good faith that we are doing it. 

 

I don't really think I'd want to go back and get a K-1 cuz then the flight would add on to the cost of everything.

 

Though do you think it would be too late to marry in November? If I'm gonna be turning 22 the month after?  I would be willing to wait that long if it meant a safer route for us and a better chance of getting approved.

 

Also does living together at his parents house prove bona fide marriage in a sense that we will be living together cuz we might need to do so just to save up abit to get an apartment so we won't be scrambling too hard. What are other ways to have prove bona fide marriage?

There is nothing wrong in living with his parents if they approve you living with them till you get an apartment of your own. You can wait till November and get married, even if you file your AOS a date before your 22 birthday, your new AOS will cover your legal status till the process is over. Getting married to him and not living together or knowing him that much is an early cause for martial disaster not to mention USCIS. 

My advice is first, concentrate on your love life, make that strong, get to know each other. Your overstay shouldn't be a priority right now as a USC covers that if your marriage is bonafide. 

Stay strong and focus on making your happiness a priority. When time to file and fill out paperworks, VJ family is here to help you. Go through the guide in this forum and you will see everything you need from Start to Finish.

good luck

[Pyramidian 0]

How can one prove bona-fide marriage? I'm curious as to the examples. Does living with his parents counts as proof? Or is it more complicated than just living together.

 

Also thank you for all of you that have been giving me advice. I really appreciate it alot. And it's giving me a little bit of confidence.

[sweetadams 138]

On 8/7/2017 at 2:45 AM, Pyramidian said:

How can one prove bona-fide marriage? I'm curious as to the examples. Does living with his parents counts as proof? Or is it more complicated than just living together.

 

Also thank you for all of you that have been giving me advice. I really appreciate it alot. And it's giving me a little bit of confidence.

There is not a straight answer to "how to prove a bonafide marriage with USCIS". You have to provide evidence that your marriage is real and not for immigration purpose. Not only with documents but real love, your marital happiness is also very important to you as a person. Don't forget the IO can smell a "fake marriage" during interview.