Do I have to leave the country if we get married before my visa expires?

My girlfriend and I want to get married but my B2 visa will expire in 20 days from now. Am I illegal if I overstay? I am from Serbia and she is Puerto Rican and she has lived in the US for 8 years now.

Asked on February 25, 2012 under Immigration Law, Florida


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If she is a US citizen and you two marry, even if your I-94 expires, you can still file for your permanent residence on the basis of marriage to a US citizen and you will be able to complete the entire process within the US, without having to go back to Serbia for consular processing.  But you have to make sure that she is a  US citizen.

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