If I entered the US legaally but my visa has expired 2 months ago, if I got married to an American man, should I go back to my country?

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If I entered the US legaally but my visa has expired 2 months ago, if I got married to an American man, should I go back to my country?

Asked on May 9, 2012 under Immigration Law, New York

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

Not necessarily. You have the choice to leave now and wait for the Immigrant Visa processing. Or, youc an file your Adjustment in the US and process here. It may depend on the type of visa you overstayed. In addition, if you overstay 6 months and then leave, you will be barred from returning for 3 years. If possible, you should file here in the U.S.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

NO, as long as you entered the US lawfully and got married to a US citizen, you can apply for your permanent residence on the basis of marriage within the US and you will be able to complete the entire process within the US. If you depart the US, you may be barred from reentry for some time.


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