What Happens If You Overstay Your Visa and Get Married?

You came to the United States on a temporary visa, fell in love, and now you’re considering getting married. But there’s a catch – you’ve overstayed your visa. What does this mean for your future? Can you still get a green card through marriage?

The truth is, while an overstay can complicate matters, it doesn’t necessarily mean the end of your green card dreams.

The Consequences of Overstaying Your Visa and Departing the U.S.

When you remain in the U.S. beyond the expiration date of your visa, you start accruing unlawful presence. The consequences of this depend on how long you’ve overstayed.

• Short-term Overstay (Under 180 Days) — If your overstay is less than 180 days, you may still be eligible to adjust your status (more on that later) without having to leave the country. However, even a short overstay can impact future visa applications, so it’s important to address the situation promptly.
• Medium-term Overstay (180-365 Days) — An overstay of more than 180 days but less than a year comes with harsher consequences if you leave the U.S. You could be barred from re-entering for three years.
• Long-term Overstay (Over 365 Days) — If you’ve overstayed by more than a year, leaving the U.S. could trigger a ten-year bar on re-entering.

Regardless of the length of your overstay, we recommend consulting with an immigration attorney to discuss your situation and determine the best course of action. At the Law Office of Lina Baroudi, we can help you understand the potential consequences of your overstay, explore your legal options, and develop a strategy to address your immigration status.

We can also guide you through the process of obtaining a green card through marriage, if applicable, and help you navigate any challenges that may arise due to your overstay.

Marrying a U.S. Citizen After Overstaying a Visa

So, what happens if you marry a U.S. citizen after overstaying your visa? The good news is that spouses of U.S. citizens are considered “immediate relatives” under immigration law.

This means that you may be able to adjust your status without leaving the U.S.

Eligibility for Adjustment of Status

To adjust your status, you’ll need to prove that your marriage is bona fide (real) and that you didn’t enter the U.S. with the intention of marrying and staying permanently. You’ll also need to have entered the country legally (unless you meet one of the exceptions), even if you’ve since overstayed.

Required Forms (I-130, I-485)

The adjustment of status process involves filing two key forms: Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status). Your U.S. citizen spouse will file the I-130 on your behalf, and you’ll file the I-485 for yourself.

Marrying a U.S. Permanent Resident After Overstaying a Visa

If you’re marrying a green card holder rather than a U.S. citizen, the process is a bit different. Spouses of permanent residents fall into the “family preference” category, which means longer wait times for visa availability.

Visa Availability and Waiting Periods

Unlike immediate relatives of U.S. citizens, spouses of green card holders are subject to annual visa quotas. This means you may have to wait for a visa to become available before you can move forward with your green card application.

Consular Processing vs. Adjustment of Status

Depending on your situation, you may have to return to your home country to apply for a green card through consular processing instead of adjusting your status in the U.S. This is likely if you’ve ever been out of status in the U.S.

How to Get a Marriage-Based Green Card After Overstaying a Visa

If you’re in this situation, the best thing you can do is seek guidance from an experienced immigration lawyer. We’ve helped countless clients navigate the complexities of getting a green card after a visa overstay.

Proving a Bona Fide Marriage

One of the key challenges is demonstrating that your marriage is genuine. This is especially important if you’re applying for a green card shortly after getting married. We can guide you through the types of evidence that can help prove your relationship is the real deal.

Addressing Unlawful Presence and Re-entry Bars

If you’ve accrued significant unlawful presence, left, and re-entered the U.S., we can help you understand your options and whether you might be eligible for a waiver. This can be a complex process, but with the right legal strategy, it’s often possible to overcome these hurdles.

Preparing for the Adjustment of Status Interview

If you’re adjusting status, you may have an interview with U.S. Citizenship and Immigration Services (USCIS). We can help you prepare for this critical step, ensuring you’re ready to answer questions about your relationship and immigration history.

Contact the Law Office of Lina Baroudi Today

If you’ve overstayed your visa and are considering marriage, don’t panic. While the road ahead may have some twists and turns, there are legal pathways available to help you achieve your goals. The key is to seek experienced legal counsel to guide you through the process.

At the Law Office of Lina Baroudi, we’ve built a reputation for providing compassionate, effective representation to clients in even the most complex immigration situations.

If you’re ready to take the next step, we’re here to help. Contact us today to schedule a consultation and learn more about your options.