Overstayed B2 marry now or after?

E

emiko

Registered Users (C)
So my boyfriend submitted his N-400 on Aug 1st. He's going to become a USC soon, maybe next year?

We're planning to get married, but I read somewhere on the internet that I can marry now and "upgrade" my application later when he becomes a USC.

Should we get married now when he's still a permanent residence

or

Should we wait til he gets his citizenship and get married

or

We can get married now but file after he gets his citizenship?

The thing is I have overstayed my B2 visa since 2004

I'm not sure if filing when he's permanent residence will affect anything?

Please help thank you
 
I think you should take your third option, ie get married now, but file after he gets his citizenship, because filing when he's a permanent residence will require you to go back to your home country and wait for your visa number, visa numbers are readily available to spouse's of US citizens. Goodluck.
 
OMG... whata re u waiting for? If you get in trouble now you can be deported because you have overstayed, but once you are married you can build a solid case and be allowed to saty. Secondly, if you marry now, you are counting days and the longer you guys have been married the stronger your application will look when once you file by next year. So go ahead and marry and be happy.
 
godisgoodtome said:
OMG... whata re u waiting for? If you get in trouble now you can be deported because you have overstayed, but once you are married you can build a solid case and be allowed to saty. Secondly, if you marry now, you are counting days and the longer you guys have been married the stronger your application will look when once you file by next year. So go ahead and marry and be happy.
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The longer you are married will help you build a foundation or strong case,
however, if you are marrying just for the immigration benefit it won't matter how long you have been married, they will catch you.

But, also consider that marrying an US Citizen, will NOT grant you any legal status and you are still as much deportable as single as you will be when married. Even if he files an i-130 for you, that will not grant you any legal status.

You should avoid filing that I-130, as it will notify USCIS that you are out of status and give them your current address, but on the other side, some people believe having an i-130 filed for you even by an LPR does help. Even if the petition would take 5-6 years and it will probably have to be upgraded when he becomes an USC.
 
So we're gonna get married this Christmas and file the paper after he gets his citizenship then.

:D
 
Aside from all immigration benefits, you might find that marrying before the end of the year will give you a tax benefit for all of this year, assuming you're not in the same marginal tax bracket or already not liable for any income tax. Good luck and have a happy wedding!
 
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