What is the name of your state? Georgia.
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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.
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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.