Navigating the complex U.S. immigration system can be daunting, especially when pursuing unique overstayed visa solutions like marriage to a U.S. Citizen. An overstayed visa is an issue that occurs when an individual stays in a country longer than they are allowed to under their current visa.
LaToya McBean Pompy is a New York immigration lawyer who immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
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Marriage to a U.S. Citizen as an Overstayed Visa Solution
It is easy to assume that marriage to a U.S. citizen is a surefire and simple way to solve issues related to an overstayed visa. However, this option is quite complex and has an extensive list of pros and cons. The New York immigration lawyer team at McBean Law will aim to explain some of these pros and cons in order to provide more insight into marriage to a U.S. citizen as an option for obtaining a visa.
The Pros of Marriage to a U.S. Citizen as an Overstayed Visa Solution
- Faster Process
One of the biggest pros of marriage to a U.S. citizen as a means of solving an overstayed visa issue is that this process is much faster than other conventional routes. In cases where the filing is properly executed, the process can take as little as five months to complete from start to finish.
The duration of the approval process does depend on one’s jurisdiction. For example, we have seen instances in New York where it can take less than a year and a half to complete.
- Adjustment of Status
Another significant benefit of marriage to a U.S. citizen as a means of solving an overstayed visa is the fact that you can make an adjustment of status.
This means that you are allowed to obtain a green card in the U.S. while still physically remaining on U.S. soil, as opposed to going back to your country of origin and traveling to the nearest U.S. embassy for interviews.
- Exemption from Unlawful Presence and Employment
Once you have overstayed your visa, you are in violation of immigration law and are unlawfully present within the country. However, marriage to a U.S. citizen is an effective way to become exempt from this violation, regardless of the amount of time spent on an overstayed visa on U.S. soil.
In addition to this, working while in the U.S. on an overstayed visa is also in violation of immigration law and you are therefore unlawfully employed within the country. However, similarly to the previous point, marriage to a U.S. citizen makes the violator exempt from this rule and the government will not prosecute them for it.
- Employment Authorization and Advance Parole
Marriage to a U.S. citizen while on an overstayed visa can also help in providing you with the necessary documents while your green card application is still pending.
One of these documents is the Employment Authorization Document, otherwise known as an EAD, a work permit, or, officially, Form I-766. This document provides proof that you are eligible to work legally in the United States regardless of your current green card status.
Another document is Advance Parole, which is a travel document granting the applicant permission ahead of time to re-enter the United States if they leave the country during the application process.
- Waiver for Other Violations
Marriage to a U.S. citizen also grants the applicant the ability to file a waiver for any other violations or crimes that are waivable. This includes violations such as fraud and misrepresentation, as well as the aforementioned unlawful presence and unlawful employment violations.
The Cons of Marriage to a U.S. Citizen as an Overstayed Visa Solution
- Expensive Process
The adjustment of status process via marriage to a U.S. citizen is very expensive, with a rate as high as $3,005 just for the filing fees alone (effective April 1, 2024). The price of this option is perhaps its greatest disadvantage compared to other more affordable routes to obtaining a green card.
- Proving Bona Fide Marriage
A bona fide marriage to a U.S. citizen is a genuine union of two partners under the law, as opposed to a fraudulent marriage entered purely for immigration purposes. Proving that an immigrant’s marriage to a U.S. citizen is bona fide is extremely difficult due to the amount of evidence necessary to reach this status.
Form I-130, otherwise known as a “Petition for Alien Relative”, is one of the many documents used in the green card and spousal visa acquisition process in order to prove that the marriage is bona fide. The I-130 package typically has to include a multitude of documents as proof of a bona fide marriage, such as photos of the couple over the course of several months, or, ideally, years.
In addition to this, joint bank account statements, real estate or vehicle ownership deeds, mortgage or loan documents, home and/or health insurance policies, etc. are all documents that will help prove that a marriage is bona fide. This process can also include extensive interviews in order to further prove that the marriage is legitimate.
- Relationship Issues
When going through the immigration process using marriage to a U.S. citizen as a means of obtaining a green card, one of the most common issues is problems within the relationship.
These kinds of issues are most commonly seen in abusive relationships where the U.S. citizen uses their partner’s immigrant status as a way to manipulate and threaten them. Problems within the relationship can further complicate the immigration process and cause issues with obtaining a green card.
In addition to this, issues can arise when the couple has been married for less than 2 years, as the applicant will only be eligible for a 2-year visa before having to extend it to a 10-year green card through Form I-751, or the “Petition to Remove Conditions on Residence”. This can be done even if the relationship has faced significant hardships such as a divorce.
- Waiver Issues
A common problem arises with the I-601 waiver that is used to prove extreme hardship to a U.S. relative, in this case, the spouse, for immigration purposes. This waiver is essential in the case of an overstayed visa or other issues that cause the applicant to be blocked on the grounds of inadmissibility, such as crimes or health problems.
- Removal Proceedings
The final and biggest issue with marriage to a U.S. citizen while obtaining a visa is the fact that the applicant can be denied a green card on the basis of improper filing or issues with proving that the marriage is bona fide.
In the second case, a Stokes interview can be conducted. This is a secondary interview done with a couple in a situation where the immigration officer suspects, during the initial adjustment of status interview, that their marriage is fraudulent. Failure to prove a bona fide marriage during this step would also lead to a denial.
In cases where fraud is suspected, the field office is tasked with determining whether to move forward with removal proceedings. This can be solved through the judicial system and subsequent appeals.
A larger issue arises when the government bars the applicant from pursuing a green card in the future on the basis of past fraudulent attempts.
FAQs
1. How much does it cost to apply for a marriage green card?
Between USCIS fees, medical exams, and attorney costs, couples can expect to invest $5,000-$10,000 through the process. Fixed-fee legal services provide cost predictability.
2. Can I work in the U.S. while waiting for a marriage green card?
Yes, when you file Form I-485 to adjust status, you can concurrently file Form I-765 to obtain an Employment Authorization Document (EAD) to work legally until your green card case concludes.
3. What documents do I need for a bona fide marriage green card?
Key documents include marriage certificate, proof of cohabitation (leases, bank statements), financial comingling evidence, birth certificates of children, photos, affidavits from friends/family, etc.
4. Should I submit my marriage green card without a lawyer?
No, attempting this process alone is extremely risky. Immigration law’s complexity means too much can go wrong without the right guidance. Attorney assistance is strongly advised.
5. How do I withdraw or cancel a marriage green card application?
An application may be withdrawn by simply writing USCIS a letter informing them that you wish to withdraw your case. However, be very careful about withdrawing your case because it may lead to unintended consequences. Speak with professionals at McBean Law to discuss whether you should withdraw your case or not.
Planning Your Roadmap to Success
Despite nuances and snags, thousands obtain green cards through marriage annually and find stability. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. A fruitful life with your loved one awaits at the end. Partner with New York immigration lawyers like the team at McBean Law to chart your visa journey’s triumph.
If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.
LaToya McBean Pompy is a New York immigration lawyer who immigrated to the United States herself. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
I would love to speak to someone about the possible routes to move to USA as a British Citizen. I have family in USA (Mom) who is a citizen which is my reason for wanting to move there because she is older and not able to mange on her own so much anymore. I am highly educated a couple of MSc degrees and many other high qualifications and accolades behind my name.
If this is something someone can help with please call asap .
Hello Orlando! This is Cherrie from McBean Law. We’re here to help. You can submit a request for appointment through our website:
https://mcbeanlaw.com/contact/
You can reach us at 888-462-4006.
Thank you!