Documents for Marrying Someone on Overstay

[Tjd2006 6]

Hi Everyone,

My fiance and I are at the stage where we are ready to get married and send off the AOS paperwork within a month or so of getting married. 

 

He has overstayed on the visa waiver program for about a year.  

 

My question is, what documentation do we need to provide to get married.  Once we do provide documentation, is there a high chance they could go after him before we get everything around for the forms for AOS?

[TNJ17 1,329]

If he’s still here and overstayed for a year he’ll trigger a ban after leaving the US next. If you are not married yet and he’s still here go get married at a courthouse ASAP. All you need is a valid ID in his case his passport will do. There is always a chance of him getting found and be deported. Being married to a US citizen will forgive any overstay. If he’s still here and you get married all you need to do is file for AOs and disclose the overstay. No additional paperwork is needed. If he’s left the country you need to file for either a K1 or go get married and file for the CR1 visa. Because he overstayed he has triggered a ban so you will need a waiver but that only happens during the interview stage. But again this ban is only triggered if he’s left. If he’s still here then no ban yet. 

Edited July 31, 2018 by TNJ17

[Tjd2006 6]

Thank you TNj17.  This is what we plan to do here soon.  We just need to finish saving up for the AOS fee.  

[GreatDane 366]

Also, if he has been working illegally, he will need to cease working until he can is granting EAD. 

[IncogNitro 15]

On 7/31/2018 at 2:41 PM, TNJ17 said:

If he’s still here and overstayed for a year he’ll trigger a ban after leaving the US next. If you are not married yet and he’s still here go get married at a courthouse ASAP. All you need is a valid ID in his case his passport will do. There is always a chance of him getting found and be deported. Being married to a US citizen will forgive any overstay. If he’s still here and you get married all you need to do is file for AOs and disclose the overstay. No additional paperwork is needed. If he’s left the country you need to file for either a K1 or go get married and file for the CR1 visa. Because he overstayed he has triggered a ban so you will need a waiver but that only happens during the interview stage. But again this ban is only triggered if he’s left. If he’s still here then no ban yet. 

This.  Get married and file ASAP.  While the paperwork is being processed he will be in "Authorized Stay" and won't be deported.

 

What you need to get married depends on what state - and even what county you live in.  I'm an overstayer, and my passport is expired so it was even harder for me.  I live in LA County and to get the marriage license I had to show a valid photo ID - except they wouldn't take my passport because it was expired. The same was for surrounding counties Kern, Ventura, Orange, San Diego and Riverside.. Only San Bernardino would except the expired passport - in conjunction with another piece of ID.. I had my birth certificate so that was OK.  Except when we confirmed over the phone for the third time, we were finally told that the PP was too expired.  So we went to Las Vegas. The State of Nevada took the expired passport with no problem - in fact, they would have been happy with just a Sam's Club or Costco card - which I happened have. I took my birth certificate as well but I can't remember if they needed it or not..

 

So yeah, YMMV on what you need to get the license, based on where you are.

 

On 7/31/2018 at 3:35 PM, GreatDane said:

Also, if he has been working illegally, he will need to cease working until he can is granting EAD. 

Technically, yeah.. But they'll forgive this for spouses too.