If you are a foreign citizen who is in the United States without permission, having overstayed the time permitted under your visa (as shown on your I-94), you can potentially cure the problem if you enter into a bona fide (real) marriage with a U.S. citizen and then apply for adjustment of status (a green card).
Can you get married on an expired visa?
Her visa had expired years ago. U.S. immigration law provides that if an alien was inspected but overstayed their visa, their subsequent marriage to a United States citizen will “clean up” the overstay. That is, the spouse of a U.S. citizen can still adjust to lawful permanent resident status despite having overstayed.
What happens if my visa expires and I marry a U.S. citizen?
If you overstay your visa for less than 180 days, you may leave the U.S. and apply for a Green Card through consular processing. If your overstay has been more than 180 days, the only option is to wait for your spouse to become a U.S. citizen and then apply for I-485 Adjustment of Status inside the U.S.
What happens if you marry someone with a visa?
If you and your future spouse are both living in the United States, chances are they are on a temporary U.S. work or visitor visa. … Temporary visa holders who marry or apply for a green card within 90 days of entering the United States could find their green card applications denied and their current visas revoked.
What happens if your fiance visa expires?
To stay in the U.S. after your K1 visa expires, you must get married within that 90 day period and file for an adjustment of status to permanent resident. You should begin the process of adjusting your status and obtaining a green card as soon as you get married.
Can you be deported for overstaying your visa?
Typically, if you exceed your visa for more than 180 days, you will face removal proceedings to be deported from the U.S. Additionally, if you stay over 180 days but less than a year, you will be inadmissible to enter the U.S. for three years after that time.
Can you go to jail for overstaying your visa?
You may receive a “final order of removal” should the United States government realize you are unlawfully present. This edict requires you to leave the country within 90 days of its issuing. Ignoring or defying this order can lead to even greater consequences, including fines and up to 4 years of jail time.
How does the US know if you overstay your visa?
How do I Know I Have Overstayed my U.S. Visa? You have overstayed your visa if you have remained in the United States past your approved duration of stay. … Every foreign national who visits the United States has a Form I-94 to their name, that details their arrival date and the date by when they’re expected to leave.
What happens when a U.S. citizen marries a non U.S. citizen?
A U.S. citizen who wishes to marry a non-U.S. citizen or permanent resident can help their fiancé(e) obtain permanent residence in different ways. … Once you marry, your spouse can apply for permanent residence and remain in the United States while we process the application.
What happens if your work visa expires?
If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above.
How long do you have to be married to get a green card?
USCIS will issue you a conditional Marriage Green Card if you have been married for less than 2 years at the time of your interview. You can apply for a permanent Marriage Green Card after two years of marriage.
Can I stay in America if I marry an American?
After you marry a U.S. citizen, you can apply for a green card. … Then you will be able to leave and re-enter the United States without having to apply for a new visa. If your spouse has a green card and therefore is not a U.S. citizen, you are not eligible for advance parole.
Can you be deported if you are married to an American citizen?
Contrary to popular opinion, marriage to a US citizen does not preclude someone from being deported. Marrying a US citizen can pave the road to a green card and ultimately naturalization, but until you become a naturalized US citizen you may be deported in certain circumstances.
What happens if you don’t marry a fiancé visa?
If you and your fiancé do not get married within 90 days, you will have to leave the country. The visa was issued with the expectation that you and your spouse would get married, so if this does not happen, the visa no longer stands.
Can you extend fiancé visa?
No, it cannot be extended. If you and your fiancé who is here on a K-1 fiancé visa are not married within 90 days the visa expires and your fiancé will have to leave the United States.
What happens if you dont get married on K-1 visa?
Consequences of Overstaying Your K-1 Visa
We have to clarify that if the immigrant fiancé stays in the U.S. more than 6 months after the visa expires without getting married, the immigrant fiancé could be banned from entering the United States again for up to 10 years.