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Thread: Marriage Advice

  1. #1
    Hello, I am hoping someone can help me.

    I am a US Citizen intending to marry a Brazilian. Right now, he has an athlete visa which will expire shortly. He consulted an attorney who advised staying here illegally until we get married rather than apply for an extension. I am uneasy with the thought of that. So, my questions are:

    1) what if you marry someone in the U.S. who does not have legal paperwork
    2) How long do you have to wait after you are married before you receive paperwork which allows you to work
    3) Is it possible to apply for a new visa, not an extension from within the U.S. One that will allow you to travel out of the country.

    This is very confusing to me, any help would be very appreciated.

  2. #2
    Hello, I am hoping someone can help me.

    I am a US Citizen intending to marry a Brazilian. Right now, he has an athlete visa which will expire shortly. He consulted an attorney who advised staying here illegally until we get married rather than apply for an extension. I am uneasy with the thought of that. So, my questions are:

    1) what if you marry someone in the U.S. who does not have legal paperwork
    2) How long do you have to wait after you are married before you receive paperwork which allows you to work
    3) Is it possible to apply for a new visa, not an extension from within the U.S. One that will allow you to travel out of the country.

    This is very confusing to me, any help would be very appreciated.

  3. #3
    1) There is a big difference between marrying someone without papers (mostly those from the rest of the Americas who sneak across the border) and people with expired papers. US citizens generally have few problems after marrying the later.
    2) As soon as you have a marriage certificate, you can file for the "green card."¯ Part of the application process is getting a temporary employment authorization document. It takes about 90 days to get the EAD. Once you have an EAD, you can get an SSN.
    3) You can always travel out of the country. The problem is getting back in. You have to apply at the US Embassy overseas to get a visa to come back.

    Your intended is the one who needs to seriously consider the advice of the attorney. If he overstays his visa and marries you, then everything will likely work out. If he overstays his visa and does not marry, then he will encounter major problems.

  4. #4
    Thanks, in reading some other postings this seems to be a rather common occurance - marrying someone who has overstayed their visa.

    Is it safe to assume the govt. is fairly leniant with this behavior?

  5. #5
    One more question...can you travel abroad with an EAD??

  6. #6
    By law, overstay does not affect the "green card"¯ application for immediate relatives (spouse of USC.)

    If you aren't a citizen or resident, you need a visa or advance parole (for aliens pending AOS) to re-enter the US.

    I-131 is filed with AOS to get advance parole. If he overstays his visa, the I-131 may be denied. Even if it is approved, the rules for the 3/10 year bar apply.

  7. #7
    Thanks for all the advice. So, are we looking at whatever length of time it takes to get a permenant Green Card before he can leave without worry. (what is that time (approx) these days. We live in Mass.)

    My boyfriend has a son and doesn't want to be away for an extended period of time...but it seems this might be impossible to avoid, huh?

  8. #8
    why did attorney advise him to become illegal before getting married? why would you want to give up the privilege to use advance parole so he can travel? why would you want to get into the whole mess of applying for waiver of the 3/10 yr bar etc.... im not an expert but i dont understand. it's always best to maintain legal status at all times. can you marry before he becomes illegal?

  9. #9
    Taco, i was thinking the same thing - it seems like it can never be a good thing to become illegal. What is the 3/10 bar???

    Also, what is yours (or anyone's) advice. His visa expires in about two weeks. It is important that he gets authorization to go abroad asap. We don't want to get married until the first of the year. Would it make sense to apply for an extension - and get married once we have that. I really don't know what to do...

  10. #10
    Have you considered the fiancƩ visa? The K1 visa allows him to return to the US to marry and apply for resident status. Bonus- minor children get a visa too.

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