Can I get married to an American citizen if I overstayed my visa?

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Can I get married to an American citizen if I overstayed my visa?

I`m about to marry my boyfriend, who is US citizen. I came in US with J-1 visa. When it expired I applied for a tourist visa but never got a response. After my waiting period (120 days) for the visa, I`m now here for 3 more months. Will I have any problems with my marrige because of it? And should I apply for a marrige visa before the actual wedding?

Asked on April 3, 2012 under Immigration Law, Maryland

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can get married to a US citizen and file for your green card on the basis of marriage to a US citizen.  As long as you can prove a lawful entry, you should be fine.  You cannot file for anything until AFTER you are legally  married.  IF you came on the J-1 visa, as long as you are not subject to the 2 year home residency, you should be fine.


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