Remaining in a country beyond the authorized period of a visa’s validity constitutes a violation of immigration law. A subsequent marriage to a citizen of that country does not automatically rectify the overstay or guarantee legal residency. The individual is still considered to be in violation of immigration laws and is subject to potential deportation.
The act of marrying a citizen can initiate a process towards legal residency, but the overstay creates complications. The individual may be ineligible to adjust status within the country and may be required to return to their home country to apply for an immigrant visa. This process can be lengthy and carries no guarantee of approval, particularly with a history of immigration violations.