Orlando, FL asked in Immigration Law for Florida

Q: Can I get marry to a american citizen on C1-D visa and do I need to file weaver before getting married?

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4 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: You are disqualified from filing and getting a green card for immigration while ‘in the United States’ if you used a C1/D1. You must consular process.

If you have overstayed the I-94 entry time, then this can create a 3 year, 10 year, or even permanent bar on lawful immigration without obtaining a waiver.

You may be referring to a PUP waiver, but you may misunderstand that it can be denied and you still must consular process if approved.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications.

The above is general information, not legal advice, and does not create an attorney client relationship.

Kevin D. Slattery and Stephen Arnold Black agree with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: One other note. You need the waiver ‘if you get married,’ not before. The waiver may be denied if extreme hardship to your wife cannot be proven with enough evidence to the satisfaction of the USCIS.

Kevin D. Slattery
Kevin D. Slattery
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: I concur with the comments of my colleague Kevin Dixler. Consider scheduling a consultation with a competent, experienced immigration attorney who may be able to guide you through the process to avoid any pitfalls, to the extent that none exist already.

Kyndra L Mulder
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Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: You can marry but you can not adjust status from oinside the USA on a c1d. You may be eligible for a provisional waiver. A provisional waiver requires you show extreme hardship to a USC or LPR immediate relative. You can marry and return to your country for consulate processing. If you have overstayed a visa you may be subject to a ban.

I suggest you consult with an experienced immigration attorney.

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