Can I get married if I have an expired visa?

My visa expired a few years after I came to the US with my parents. I have lived in the United States ever since, in spite of the expiration. I am now thinking about getting married, but I think this would require that I fix my immigration status. Is this true? If so, what is the process and must I go through this process with an attorney?
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Answered By: Pacifica Legal Services
The short answer is that you are inadmissible, because you are out of status. There is more to determine before deciding what to do, but it may be possible for you to gain a waiver of inadmissibility, and/or a cancellation of removal (the second deals with application before an immigration court). If you want to explore that further, please e-mail or call.

Answer Applies to: California
Replied: 8/24/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James C. Bechler, A.P.C.
You can get married now and have your citizen spouse (this is assuming a bonafied i.e., real marriage) petition you for a green card. Your expired visa can be adjusted to an immigrant status during the process. Your biggest problem is that since you overstayed your visa, you are subject to a 10 year bar to reentry to the U.S., should you leave the country for any reason. Bottom line: get married, get the petition and request for adjustment of status filed and do not leave the country until you have a green card in your hand.


Answer Applies to: California
Replied: 8/13/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Diefer Law Group, P.C.
A visa has no bearing on your ability to get married. For more information, please call me at the information below.

Answer Applies to: California
Replied: 8/13/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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