Good Boy, Bad Boy
 

Hello all,
i'm living in the u.s 10 months over my visa.
I am getting married on monday.
I havent worked illegally whilst being here.

1) Will i be "legally married"?
2) What process should i take afterwards? (forms etc)
3) Will i get booted out of the u.s.?

I'm a relatively good boy, no criminal record, illegal work etc, i just got caught in this strange immigration trap, (i went a week over my 3 months, was about to leave and found out i'd be banned for 3 years).

I'd appreciate ANY advice and answers.
Peace, james

Re: Good Boy, Bad Boy
 

SEE A GOOD LAWYER

Re: Good Boy, Bad Boy
 

A one week overstay would not have incurred a 3 year ban. You would have had to remain in the US out of status 180 days or more and then left the country before that ban would have been incurred. As it was all you would have found is that you would have had to use a paper tourist visa in order to enter the US again since you would not have been eligible for the VWP any longer.

Yes you are legally married and yes you can apply for and if everything is kosher successfully adjust status based on that marriage to a USC. DO NOT ATTEMPT TO LEAVE THE US now that you are clearly over the 180 mark.

You will need forms I-130 and I-485. To work you will need form I-765 and your spouse will need to complete and affidavit of support on form I-864.

Good Luck
Rete

Re: Good Boy, Bad Boy
 

If you marry a US Citizen, your illegal stay will be forgiven. You do
not have to have a Good lawyer :) a bad one would do, or you can just
do it yourself!!!

www.kamya.com/aos You need to file for
Adjustment of Status.

However, if your spouse to be is not a USC, you are screwed and no
lawyer will help.

Re: Good Boy, Bad Boy
 

jimmyk wrote:
    > Hello all,
    > i'm living in the u.s 10 months over my visa.
    > I am getting married on monday.
    > I havent worked illegally whilst being here.
    > 1) Will i be "legally married"?

That depends. Do you have a license? Was it obtained without fraud.
Is the person performin the ceremony license to perform the ceremony.
The legality of marrige is not based on your visa status.

    > 2) What process should i take afterwards? (forms etc)

If you go to this INS page, you will see info on this.
http://www.ins.us-
doj.gov/graphics/howdoi/LPRApplication.htm

    > 3) Will i get booted out of the u.s.?
    > I'm a relatively good boy, no criminal record, illegal work etc, i just
    > got caught in this strange immigration trap, (i went a week over my 3
    > months, was about to leave and found out i'd be banned for 3 years).

You got BAD information. If you OVERSTAY by more than 180 days, you face
a 3 year ban.
So, an overstay of 1 week wouldn't result in a ban.

Re: Good Boy, Bad Boy
 

trburton wrote:
    > Originally posted by jimmyk:
    > > Hello all,
    > > i'm living in the u.s 10 months over my visa.
    > > I am getting married on monday.
    > > I havent worked illegally whilst being here.
    > >
    > > 1) Will i be "legally married"?
    > > 2) What process should i take afterwards? (forms etc)
    > > 3) Will i get booted out of the u.s.?
    > >
    > > I'm a relatively good boy, no criminal record, illegal work etc, i
    > > just got caught in this strange immigration trap, (i went a week
    > > over my 3 months, was about to leave and found out i'd be banned for
    > > 3 years).
    > >
    > > I'd appreciate ANY advice and answers.
    > > Peace, james
    > SEE A GOOD LAWYER

Why?