Advice Wanted - Lawyer Recommending Intentional Overstay

[Yuyo]

Hello all,

I was starting the process for residency via marriage with a lawyer but have gotten some odd advice and would really appreciate group input.

In summary; the lawyer says people should wait until their current visa/status expires before filling a change of status. Reasoning that applying while in the country during a valid visa shows bad faith for entering the country. NOT INSISTING ON LEAVING and then apply from abroad, but rather just let the current status expire and go into overstay.

Any advice would be greatly appreciated.

I feel like showing willingness to go into overstay shows more ill-will than getting married and filling the respective application.

 

[victoriarob]

I started the process of applying for temporary residency via union civil (conjugal) last August. I had lapsed into overstay at the time. I didn't face any particular challenges as a result of that immigration status at any stage. I'm not a lawyer (and didn't work with a lawyer), so I can't weigh in your lawyer's advice that it is *better* to apply with an overstay status. I can only tell you about my experience. Obviously note that circumstances could have changed in a year. Hope everything works out!