Will having an overstayed visa affect my marriage? 8 Answers as of August 08, 2011I want to get married to my boyfriend in west virginia. I am currently on overstay an I'm concerned this may cause me a problem. I have a outstanding contempt of court charge for a traffic citation, driving without a safety, which I am hoping a lawyer will take care of for me in another state. Would this effect my getting married?
Reza Athari & Associates, PLLC | Reza Athari
If your visa was a tourist visa or any other visa that does not have any restrictions, you may apply for adjustment of status if you marry a USC. Regarding your other question, you will have to make sure there is no warrant for your arrest.
Answer Applies to: Nevada
All American Immigration | Tom Youngjohn
I recommend you get a second opinion from another immigration attorney. Tricky, but handled right you should be fine. I'd recommend you get your ducks lined up first, including getting a husband, getting an experienced immigration attorney, and getting an experienced criminal attorney who the immigration attorney has confidence in. Then file for the green card, and, once you have your receipts from the filing, have the criminal lawyer take care of the warrant, with you making any appearance if necessary. You should not be taken into custody. (And you should not get an "ICE hold.")
Answer Applies to: Washington
Christian Schmidt, Attorney at Law | Christian Schmidt
You can apply for a green card after getting married as long as you entered the U.S. lawfully even if you are with no status right now. A simple traffic citation would not prevent you from obtaining lawful resident status but you may want have an immigration attorney review the charge since there seems to more to it.
Answer Applies to: California