Re: overstaying and marrying a citizen

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On 7/20/07, boodle wrote:
> my USC bf and i plan on getting married, but i'm still
> going through a divorce with my european ex-husband right
> now. this won't be finalized till the end of the year. i
> have been separated since last year and my bf and i met in
> manila when he was there. we have been living together for
> almost a year including the time when we were in manila.
> his contract ended and he went back here. so i came a few
> months ago on a tourist visa.
>
> since we don't want to be apart we've decided that i'll
> just stay here with him till my divorce is settled, which
> means i'll be overstaying. if i overstay, our option is to
> get married after my divorce if we want my status to be
> updated. we know the risk of being denied due to
> accusation of fraud marriage since we plan to get married
> right after my divorce, but we have limited options.
>
> he just found out that his company might be sending him
> back to manila for work before the year ends or early next
> year on a long term contract. since we don't want to be
> apart, by then, i would've overstayed. if i leave the
> country with him at that time without getting married and
> updating my status, then that means i am banned in the
> country for 3 years. we know all the risks we're taking.
>
> my questions are:
> **if i go back with him at end of the year to manila and
> get married there after a few months or so, can we apply
> for a spousal visa there if we want to visit here? will
> that override the 3 year ban or would the 3 year ban
> override the petition for spousal visa? can we apply for a
> spousal visa from there while we are both in manila or
> does he have to be here in the US to apply for that? cuz i
> know that you can't file a fiance visa if you're in
> another country and i dunno if it's the same case with
> spousal visa.
>
> **what if we get married here and he goes back to manila
> to work before the update of my status is completed, and i
> stay here, then he comes back for the immigration
> interview and then i go to manila to be with him after my
> status is updated? is that possible? do they allow that?
> or does he need to be here in the country the whole time
> during the process?
>
> **we live in GA and GA has new state laws about
> immigration. will this affect us? like if we want to get
> married? is getting married considered a benefit of a USC?
> cuz the new state law says you have to show legality
> before you can avail of public benefits in the state. or
> in this case, do we need to get married in another state?
>
> i hope my questions don't sound too stupid. but i would
> really appreciate any suggestions, comments, or insight on
> this. please.