Marriage with an illegal immigrant?

Hi So my fiance and I have been doing long distance for about a year now. I
visited him in his country and then we were happy to find out that he got his
Tourist Visa. He came to visit me this summer and after long discussion and
weighing pros and cons, we decided that we should get married. The only thing is
that he has extended his approved duration of stay from his Visa. We aren’t
planning to have the wedding for a while from now but we were wondering if
there’s anyone who was on the same boat as us? Since he overstayed his approved
time, will that affect his ability to get his Green card? Or if anyone has advice
in general, that would be great. Thank you.

Asked on October 17, 2017 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As long as he entered the US lawfully and can prove that lawful entry, overstaying the visa should not affect his ability to legalize his status within the US once you are lawfully married.  I would probably also suggest that if you are considering marriage but not ready to have the big wedding now, you can get married in a civil ceremony that gives the basis for the filing and can start the process to enable your future husband to get employment authorization etc.  Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.


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