Can I get married if I have an expired visa? 3 Answers as of August 24, 2010
My visa expired a few years after I came to the US with my parents. I have lived in the United States ever since, in spite of the expiration. I am now thinking about getting married, but I think this would require that I fix my immigration status. Is this true? If so, what is the process and must I go through this process with an attorney?Free Case Evaluation by a Local Lawyer!
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Pacifica Legal Services | Floyd Fernandez
The short answer is that you are inadmissible, because you are out of status. There is more to determine before deciding what to do, but it may be possible for you to gain a waiver of inadmissibility, and/or a cancellation of removal (the second deals with application before an immigration court). If you want to explore that further, please e-mail or call.
Answer Applies to: California
Replied: 8/24/2010
Law Offices of James C. Bechler, A.P.C. | James Bechler
You can get married now and have your citizen spouse (this is assuming a bonafied i.e., real marriage) petition you for a green card. Your expired visa can be adjusted to an immigrant status during the process. Your biggest problem is that since you overstayed your visa, you are subject to a 10 year bar to reentry to the U.S., should you leave the country for any reason. Bottom line: get married, get the petition and request for adjustment of status filed and do not leave the country until you have a green card in your hand.
Answer Applies to: California
Replied: 8/13/2010
Diefer Law Group, P.C. | Abel Fernandez
A visa has no bearing on your ability to get married. For more information, please call me at the information below.
Answer Applies to: California
Replied: 8/13/2010
