What happens if you overstay your visa and get married?

If you overstay your visa and get married, the consequences and legal options available depend largely on your spouse’s immigration status and the length of your overstay. Here are the key scenarios to consider:

1. Marriage to a U.S. Citizen

If you overstay your visa and marry a U.S. citizen, you may still be eligible to adjust your status to a lawful permanent resident (green card holder) without having to leave the U.S. This process involves filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status).

One of the benefits of marrying a U.S. citizen is that even if you have overstayed your visa, you can typically adjust your status while remaining in the U.S., provided you entered the country legally. The U.S. government generally forgives visa overstays for immediate relatives (spouses, parents, and children) of U.S. citizens.

2. Marriage to a Lawful Permanent Resident (Green Card Holder)

If you marry a green card holder and have overstayed your visa, the situation becomes more complicated. Overstaying typically bars you from adjusting your status while in the U.S. You may be required to return to your home country to complete consular processing, which can trigger a 3- or 10-year bar from reentering the U.S., depending on how long you overstayed.

In some cases, a waiver of inadmissibility may be available to forgive the overstay, but this requires proving that your spouse would suffer extreme hardship if you were not allowed to remain in the U.S.

3. Potential Consequences of Overstaying

• Bar from Reentry: If you leave the U.S. after overstaying by more than 180 days, you could be barred from reentering for three years. If the overstay exceeds one year, the bar increases to ten years.

• Deportation: You become deportable once your I-94, permit of stay expires, although immigration enforcement priorities may affect the likelihood of deportation.

Consulting with an immigration attorney is crucial to avoid missteps and explore options.

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone: 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.