Legal Question in Immigration Law in California

Stuck between two weddings

I was born in Iran, & I came with my Swedish passport (3 months-waiver). I married lady who is a US citizen, but after the wedding we found out that her divorce from 4 years ago was not finalized (her husband's fault, who did not follow through). My ''wife'' has started the divorce process & we plan to remarry again. I am supposed to leave on 22 Dec 2002 unless I overstay. Can I stay longer to remarry her, as we can prove that the process started already & we are just waiting for her to finish through? I have no idea how fast/long it will take. Considered that I was born in Iran (new strict INS sanctions), would they put me to jail if I overstayed or the marriage is a good enough reason? I have to make a decision soon. Thank you.


Asked on 12/09/02, 1:08 pm

4 Answers from Attorneys

Gabriel Jack Muston & Jack P.C.

Re: Stuck between two weddings

Where are you located, sir? Call me if you like and we I can have my secretary set up a phone consult.

Gabriel D. Jack

408.293.2026

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Answered on 12/09/02, 1:33 pm
Anja Freudenthal Immigration Law Office of Anja Freudenthal

Re: Stuck between two weddings

Please feel free to contact me for a consultation. You may reach me at 415-834-1884. I look forward to hearing from you.

Anja Freudenthal

Immigration Law Office of Anja Freudenthal

332 Pine Street, Suite 700

San Francisco, CA

94104

[email protected]

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Answered on 12/09/02, 2:19 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Stuck between two weddings

You need personal consultation!!! If you are in LA feel free to make an appointment with my office

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Answered on 12/09/02, 4:10 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Stuck between two weddings

Hard to believe the other responses on this forum give no info whatsoever except to say "Call me for a consultation."

Regarding your question, because fortunately you came to the US with a visa (rather than illegally) and your wife is a US citizen, you can overstay and wait until your "wife"'s divorce is finalized and then get married to her. She can then file papers for you to get permanent residence. It's not a problem.

But then, you should contact a competent lawyer to do the paperwork for you. I'm in the LA area.

Liem Doan, Esq.

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Answered on 12/09/02, 10:25 pm


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