You are here:

Immigration Issues/Marrying someone under the visa waiver program

Advertisement


Question
My fiance is from England and she entered the US on a Visa Waiver but overstayed. I am in the Army and we want to marry but I don't want her deported or have to leave the US. How can I marry her and change her legal status? Will she be deported? What is the process?

Answer
Hi,

Since she entered the U.S. legally, even if she subsequently overstayed, and even if she entered on the visa waiver program, upon marriage with a U.S. citizen all sponsorship paperwork can be filed concurrently including the immigrant petition and adjustment of status. She will not be required to depart the U.S. Additional information is here: www.h1b1.com/Uscitizen.htm

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.