Boylerz

Hi all,

Just a quick question that probably has been answered millions of times on this forum. If you are in America and you outstay your 3 month visa and become illegal but get married while illegal - can anything happen to you? My girlfriend is American and I want to live with her for maybe a year before marriage so dont want to rush things and make a mistake! Anybody been in a similiar situation?

Boylerz

Ray

Leaving you unable to work or drive ..and subject to removal and a ban ...
not a good situation... getting married and applying for AOS ..would be a better plan ..

Rete

Doing as you suggest can lead to reprecussions in the future. An overstay of more than 179 days for many years. You will never again be able to use the VWP if you overstay by even one day. If this does not work out, you are screwed for the rest of your life.

You cannot work for the year you are here in the US as you don't have permission to do so.

We have all been in your situation and have done the legal and adult thing. We had long distant relationships until we were sure that this is the person we wanted to marry.

Boylerz

Hi Guys,

Thanks for the replies. We have been together well over a year now and feel we could soon be ready to take the big step. How long did it take from getting married to getting your visa?

Boylerz

Noorah101

Hi Boylerz,

If you are already in the USA, and planning to get married to a USC, then you won't be receiving a visa.

You'll be applying for adjustment of status to permanent resident.

If that's what you're talking about, the processing time all depends on your local district office. The wait can be a little as a few months, or as long as two years.

Best Wishes,
Rene

Just Jenney

To Rene -- That's NOT what he's talking about. He is NOT here at the moment -- this is a 10-foot pole issue. According to other posts the OP has posted in BE, he is not planning on marrying his girlfriend and moving to the US until the end of 2007. He has received a one-year work visa for Canada and will be heading there in June to work in Vancouver; his girlfriend lives just over the border in Seattle. He is planning on visiting her using the VWP.

To the OP -- You cannot enter the US on the VWP or a tourist visa with the intent to stay; you need the proper visa to accomplish that. Since you obviously already have intent to immigrate to the US, you have a few options. One option is to enter on the VWP, marry, file for a K3 spousal visa, then return to your home country before your I-94 expires while you await the K3 visa's processing. Once the K3 is approved you can enter the US and apply to adjust status to permanent residency and for a work permit. Another option is to apply for the K1 fiance visa in Ireland and when it's approved, come to the US, marry within 90 days and then apply to adjust status, get a work permit, etc.

Do a search for "10-foot pole" or "10 foot pole" or "10 foot poll" and you'll find tons of posts about this very same topic.

On another thread you started, someone also suggested looking into the Visa Lottery. This is not a marriage-based visa so I don't know much about it, but it's another possibility for you.

~ Jenney

ps. Just curious why, if your girlfriend is an attorney, you did not ask her about the legal implications of becoming an illegal alien? Even if she's not an immigration attorney, I would think she'd have tons of resources at her disposal to look up such information.

Noorah101

Thanks Jenney,

I didn't realize the OP's background. His post made it sound like he was already here in the USA and had already overstayed his visa!

Rene

hcj1440

Where did the OP say his gf was an attorney? <puzzled>

Elvira

Somewhere else. Jenney keeps track of all posts here you know!

Just Jenney

Yeah, I noticed a long time ago that people who ask 10-foot pole questions tend to describe their details just vaguely enough to make it appear that they are already in the US when they really aren't. I'm not sure if that's deliberate so they'll get the answers they want to hear, or because they really don't know how important that little bit of information is to getting a proper answer to their question. Maybe I'm a cynic, but I think I'm more likely to believe the former.

In this thread.



~ Jenney

hcj1440

Wow -- impressive! From a month and a half ago *and* in a different forum even!!

Just Jenney

** Takes a bow ***

~ Jenney

Elvira

She has an Excel spreadsheet.

Instead of a life...

fatbrit

I think the questions are weird because when you try to find out the information on the web, there are two basic problems:

1/ US immigration in general is a minefield of needless complication.

2/ The 10-foot pole question produces cryptic replies and apoplectic fits in those with the knowledge but confusion in those that don't yet have it. It takes a while for the uninitiated to catch on to this secret, much like those who may find frustration in not understanding the rules of Mornington Crescent. Mr. Kafka has already been mentioned this morning, and he indeed would have found delight in the on-goings around this subject. The answer is simple: just tell people the plain facts of the matter and ignore the silly hysteria and lobbying from self-interested parties. The truth shall set you free.

Boylerz

Hi Folks,

Again thanks so much for the replies. I'm trying to just get a feel for what it was like for all you guys when you went through what I see is my forthcoming situation.

To Jenney - Thanks for the detailed reply. Yes I'm heading to canada on a one year visa which will allow me to work there for the year. I think that it makes the most sense at this present time so we can see each other a lot more and make a decision if we want to spend to next 50 years or so together!! As for the being illegal issue then marrying issue - my GF did find out that it would be ok but extremely risky. I kind of worded my question wrong. What I really wanted to find out was there anyone who had done it before and their experiences.

Gonna search for the 10-foot pole now!!!

Boylerz