Can I apply for citizenship and get married before interview?

[Mirco]

Hello folks,

I want to apply for citizenship on the basis of 5 years rule. Currently I have GC for 4 years and 10 months. My girlfriend's status is B2 overstay for 7 years.
Can I apply for citizenship, and get married with B2 overstay alien before interview?
Just to be clear here is timeline:
1 apply for citizenship
2 wedding with B2 overstay alien
3 interview

At time of interview the application will not be current. Can this caused any problems during interview?

Thanks

[Trinity71]

Can I apply for citizenship and get married before interview?

At time of interview the application will not be current. Can this caused any problems during interview?

You have probably answered your own question. Why would having an inaccurate application be ok? This would be fraud.

Also, overstaying a B2 visitor visa is illegal. Therefore she has been accruing unlawful presence for the last 7 years.

Any overstay between 180-365 days is a 3 year bar from the U.S. I believe anything longer than a year, 10 year bar.

Once she is married to a U.S. citizen you can file for an adjustment of status. They will need proof she entered the U.S. legally to begin with.

You may want to consult with an immigration lawyer.

This is my opinion, not legal advice. Use of this information is strictly at your own risk.

[Spmaria]

Hi. I had kinda similar situation a few of years ago. I was in US on student visa, met my future husband and we decided to get married. Tried to change my visa status to extended student visa but had not enough time. So when we got married my visa was already expired. Then my husband applied for naturalization. There was no questions about me on his interview because he was eligible (been PR for 11 years at that time) and it was all about him. But after that we applied for a green card for me. That's when the hell started. They checked us, every single fact about us. At the interview our officer asked where my husband have been on some particular date. We were shocked because we didn't keep a diary where we went each day for 2 years we have been married. But he then told us: "It's was "the date", you were stopped at "location" near Canada boarder (it happened before he became US citizen, he had some talisman of his rear mirror and police officer asked to remove it) and you had a woman in your car. Was it your wife??" And there were so many questions about details, I had nightmares for weeks after that. So what I'm saying is that your marriage and the interview will be ok just prepare to battle for her status adjustment later.