Marriage with an Expired Green Card and the Path to US Citizenship

Can someone with an expired green card still get married and become a US citizen? The answer is complex but ultimately, yes, it is possible. However, it's crucial to understand the legal nuances and steps involved in this process.

Understanding Your Green Card Status

Your green card, or Legal Permanent Resident (LPR) Card, might expire, but it doesn't mean your LPR status has expired. You are still a Legal Permanent Resident (LPR) as long as you:

Have not left the country for too long Have not been convicted of a crime that leads to deportation

Therefore, you still have the opportunity to become a US citizen without needing to get married. However, it's important to apply for a new unexpired green card by filing an I-90 form to avoid any potential issues.

Eligibility for US Citizenship

To check your eligibility for naturalization, visit the USCIS website and complete the Eligibility Assessment. If you are in love with a US citizen and want to marry, by all means, do so! But remember, you do not need to marry a US citizen to become one yourself.

Mariage and Legal Residency Status

Marriage to a US citizen can grant you employment-based visa benefits. Even if you overstayed your visa, as long as you entered the US with permission, you may still be eligible to apply for a green card following your marriage.

The Marriage Permits in the US

Tourists can even get married in the US, such as in Las Vegas. For example, I married in IL and got the permit on Friday and married on Saturday after arriving on Thursday. No one asked for anything aside from ID. Living here legally, we moved to NY, and the process was smooth.

However, it is not entirely clear whether you can stay in the US after the marriage if you overstayed your visa. You may need to serve a ban outside before gaining marriage immigration benefits. So while you can marry, the implications for your residency status may vary.

Caveats and Professional Advice

Always remember that while IANAL (I Am Not A Lawyer) applies, it's advisable to consult an immigration attorney if your situation is more complex or you are concerned about your status.

Good luck with your journey towards US citizenship!