A friend overstayed her visa in US and is now living here illegally. If she marries US citizen, can she stay?

growing inside

If she overstayed for more than six months, no

Philip C

George L has it right. The rest of the answers are incorrect. A person who enters the U.S. and is inspected by an immigration officer may apply to adjust his or her status based on marriage to a U.S. Citizen even if he or she is out of status (i.e. over stayed the visa.) This is a special rule that applies only to those who entered legally and marry a U.S. Citizen. There are no issues of immigration fraud, etc. implicated here so long as the marriage is a bona fide marriage and not entered into for the purpose of evading U.S. immigration law. She will not be able to apply until she is married to the U.S. Citizen. Once she is married she can apply to adjust her status to that of a lawful permanent resident. This is a very common situation. I have provided a link that offers some more information about the adjustment of status process.

MrHappySunshine

She can stay, but it will take a very long time. The process to get a green card by marrying an American takes at least 4 years. It's very risky and she should've thought of all of this prior to the visa expiring.

Sweetharttt

Marrying a USA citizen at this point would not help in any way. When apprehended she would be deported and possibly both she and the citizen could be arrested of marriage fraud.

Panacea

No. And the person she marries most definitely will be investigated and possibly arrested for immigration fraud. If they get married, it better be legitimate or someone is going to prison.

cali

if that's part of her plan to be able to stay here, then yes.

MANoftheHOUR

She can, but if it is ONLY for U.S. citizenship, it is considered fraud. She would have to undergo a process of review if she married including a two year watch from the government to consider the marriage good/on good terms and a filing of many forms.

I suggest NOT taking this route as it can lead to serious legal complications in the NEAR future. She needs to go back to the country of birth and maybe renew (or apply) for a new visa.

nateatthefarm

No go home.

Diablo

short answer, no.

tonalc2

No. In order to begin the process of citizenship by marriage, she would have to leave the country.

Jesse

No as soon as she is caught, she will be deported and banned from the USA for ever.

dany72190

yea! well first she gets her work permit and social, next is the permanent residency and then citizenship.

Good luck!

dream

I came to the country legally with a tourist visa when I was only 14 with my parents. We overstayed. After 11 years in the country, I married a US citizen, applied for the green card, and now I am about to apply for the US citizenship. As long as you don't do anything stupid with the law, you should be all right. Now if for whatever reason US Immigration suspects your marriage is not honest, then they might deny it. It is a long process, expensive and frustrating, but it is worth it. When you come young to this country, both your native country and the current country are your home. Be patient, honest, and good luck.

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