Am I eligible to marry in the US? 18 Answers as of June 02, 2013

I applied for my extension of visit visa 45 days before my i94 date expiry and its been 4 months over my authorized stay. I have not received any decision yet. I am planning to get married to my girlfriend here. Am I eligible to do that?

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King & Ballow
King & Ballow | Bruce E. Buchanan
Yes, you may marry even if you are an overstay or awaiting decision on extension. After wedding, you should immediately file for adjustment of status.
Answer Applies to: Tennessee
Replied: 11/11/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Yes you may.
Answer Applies to: Nevada
Replied: 6/2/2013
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
That depends on whether your girlfriend is a U.S. citizen. If she is a U.S. citizen and you get married, the overstay is forgiven once the application for residency is approved. You can file for permanent residence based on the marriage through a process called adjustment of status. In this process, you must demonstrate that you entered the U.S. legally and that the marriage is a real marriage not solely for the purpose of immigration benefits. You will file a packet of forms with the United States Citizenship and Immigration Service through a process called adjustment of status. While the application is pending, you are entitled to work authorization and may be entitled to travel permission (depending on how long you have overstayed). If the case is approved, you will be issued a conditional permanent resident card that is valid for two years. At the end of the two year period, you must both file another petition called a joint petition to remove conditions on residence and prove that the marriage is still valid. If approved, they will issue you a 10 year unrestricted permanent resident card.
Answer Applies to: Colorado
Replied: 11/7/2011
Cardenas Law Firm
Cardenas Law Firm | Abraham Cardenas
You are eligible to marry. Your current status is irrelevant. If your girlfriend (future wife) is a U.S. citizen you should be able to immediately apply for your green card. Go see a good immigration attorney. Dont do this yourself.
Answer Applies to: Florida
Replied: 11/7/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes if she is a U.S. citizen she will be able to petition for you and you can file for permanent residency at the same time.
Answer Applies to: California
Replied: 11/7/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You may get married, regardless what your immigration status is. However, if you apply to adjust your status, your intention for visa extension will be suspicious, which is not good for your credibility in your future petition. So you are advised to get married and go home waiting for your immigrant visa.
    Answer Applies to: Florida
    Replied: 11/7/2011
    Law Office of Eric Fisher | Eric Fisher
    Your immigration status should not prevent you from getting married, but even if you marry a US citizen, you will need to do more to become legal.
    Answer Applies to: Colorado
    Replied: 11/7/2011
    Philip M. Zyne, P.A.
    Philip M. Zyne, P.A. | Philip M. Zyne
    Yes.
    Answer Applies to: Florida
    Replied: 6/2/2013
    Fong & Associates
    Fong & Associates | William D. Fong
    Yes, if you filed the extension of status prior to the expiration of the I-94, you are in status as an applicant for extension of status. If you marry and your wife files for you, you are eligible to adjust your status in the US and will not need to leave.
    Answer Applies to: Texas
    Replied: 11/7/2011
    Law Offices of David L. Smith
    Law Offices of David L. Smith | David Lee Smith
    Yes, you can be married here and apply while here in the US. You will need to pay the penalty to adjust here in the US.
    Answer Applies to: California
    Replied: 11/7/2011
    Law Offices of Svetlana Boukhny
    Law Offices of Svetlana Boukhny | Svetlana Boukhny
    Yes, you can get married to your US citizen girlfriend (I'm assuming she is a US citizen) and then you can apply for adjustment of status to permanent residence on the basis of that marriage and you will be able to complete the entire process within the US, without the need to go outside the US.
    Answer Applies to: California
    Replied: 11/7/2011
    Yoo & Lee, LLP
    Yoo & Lee, LLP | Winston W. Lee
    Yes, you can get married, but I strongly suggest filing the marriage petition as soon as possible after getting married. Right now, you are here illegally and you could conceivably be deported if USCIS decided to bring deportation proceedings against you.
    Answer Applies to: Washington
    Replied: 11/7/2011
    Immigration Attorneys, LLP | Robert R. Gard
    Generally, yes, as your immigration status should have no bearing on your right to enter into a marriage in the state of Illinois. You must be eligible to marry under the laws of the State of Illinois (of legal age, no existing previous marriages, opposite genders (though civil unions are permitted in Illinois), not evading laws of another state of residence by coming to Illinois to marry). If you are seeking immigration benefits through your marriage, and if the person you are marrying is a U.S. citizen, then unless there are facts not listed here, you shouldn't encounter too many problems.
    Answer Applies to: Illinois
    Replied: 11/7/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You can marry an individual in the United States without lawful immigration status so long as you meet the requirements to marry in the state in which you intend to marry. There is typically no requirement to maintain lawful immigration status to marry. As to your eligibility to petition for immigration benefits due to your marriage, I would need additional information to determine whether you would be eligible. I would need information as to your manner of entry, criminal history, compliance with prior visas, prior immigration history, etc. to determine your eligibility. However, based upon what you have stated thus far, you may run an issue with immigrant intent when seeking to adjust your status. You cannot use a non-immigrant visa or extend a non-immigrant visa if your intention was to immigrate.
    Answer Applies to: New York
    Replied: 11/7/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    If your girlfriend is a U.S. citizen you should be able to adjust your status here.
    Answer Applies to: Texas
    Replied: 11/7/2011
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    Yes. The good news is that you can apply to adjust your status to a permanent resident (ie., green card) without waiting for a decision on your tourist visa extension. Even if the USCIS denies your extension request, you can still apply for the green card. The entire process takes about 3 months from start to finish. And there is no penalty for overstaying either. This assumes that you are marrying a US citizen. Once you marry, you will be eligible to apply for a work permit (this takes about 60 days) and green card (this takes about 90 days).
    Answer Applies to: California
    Replied: 11/7/2011
    The Law Office Kevin L. Dixler
    The Law Office Kevin L. Dixler | Kevin Lawrence Dixler
    Yes, you can marry in the U. S., but I think that more information is needed. The question is likely whether you can file for adjustment of status to seek lawful permanent resident status in the U. S. I strongly recommend an appointment with a competent and experienced immigration attorney to discuss the situation, since the issues may get complicated. You should know what the best strategy is to determine whether you are qualified and to best avoid disqualification.
    Answer Applies to: Illinois
    Replied: 11/7/2011
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