Legal Question in Immigration Law in California
Marrying someone with an expired visa
My girlfriend and I want to get married. Her visa expired over 1 year ago. She has been living in the US for about 2 years. Would like to know if getting married is possible, and would she have to go back to Elsalvador.
3 Answers from Attorneys
Hi,
Since it appears that your girlfriend initially entered the U.S. legally (even if her authorized stay subsequently expired), you can sponsor her in the immediate relative category if you are a U.S. citizen. She will not have to go back to her country. We have additional information here: www.h1b1.com/Uscitizen.htm
You can call our law firm at 212-268-3580 during business hours, or email [email protected] for guidance.
If she entered legally, then it sounds like she can apply for a green card through marriage to a US citizen.
You may find out more about the process here:
http://www.msclaw.com/Green_Card_for_Spouse.html
You can also contact me for a free consultation at your convenience.
You and your girlfriend can get married and submit her application for adjustment of status. She does not have to go back to El Salvador. This is provided that you are a U.S. citizen and your girlfriend has entered the country legally and can provide proof of her legal entry.
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