American Marrying a Venezuelan who overstayed visa...

[badra 0]

Hi all, im new to this site, so im not sure if this is a common question...

I am an american currently living in Spain (legaly). My venezuelan girlfriend came here as well on a tourist visa. She overstayed the visa and is in spain illegaly. She has overstayed it for 3 months so far. We are planning on leaving for venezuela in about two months. I am planning on marrying her in the U.S. on the Fiance Visa. Will this be a problem for the fact that she has illealy overstayed a visa in spain? Will the visa interview be a problem? Would it be better if we marry in Venezuela?

Thank you so much for the help.

[Kathryn41 3,205]

Well, the Canada Forum is probably not the best place to ask for an answer to this question . . . . however, here goes...

The US is concerned about individuals who try to enter the US illegally or who stay in the US illegally. They really don't care too much about an applicant's experience in other countries, unless they have committed a crime of some sort while there. It is really Spain's concern that she is there illegally, not the US's, so it should not cause you any problems when the two of you apply for the K-1 visa nor at the interview. She will be required to list all of her addresses and the dates she lived there, but I don't recall anywhere in any of the forms requested where they asked about documentation or visas related to any country other than the US. If she were illegally present in the US, however, that would be a different matter so do make sure that doesn't happen while you two go through the immigration process.

A good thing to do now while you are both living together in Spain is to collect evidence of being together - rent receipts, travel receipts, passport stamps, photographs in front of recognizable landmarks, etc. The K-1 requires the two of you to have met within the last 2 years and to provide proof of that meeting, as well as evidence of your relationship. With this in mind you can start collecting the evidence now.

Hope this helps. Good luck!

[SnowyTater 0]

I agree with Kathryn, as far as I know the US doesn't check up on your residences in other countries or look into the legalities of anything that doesn't concern our country.

As for marrying in Venezuela, nah I don't think that'd be better. I mean you can - that's the K3 visa, which I don't think is about equal in difficulty and expenses compared to K1 but for some reason I think K1 is more straightforward.

I say I don't think it's a good idea to marry in Spain because it sounds like you might just try to be getting around the system, and this is really unnecessary. You don't need to worry about being accepted or your fiance allowed into the country if you go through the K1 process properly. Almost everyone is accepted and when they're not, it's with good reason. But you need to be completely open and honest and know what you're getting into.

Also, before you file, you might wanna try to plan out your visits. Once you've filed the petition, your SO can still come to the US to visit but it's a little risky. Sometimes people get turned away at the port of entry and are not allowed in if they don't have good proof that they have ties to their home country and are going to return. So maybe her visiting your home, meeting your family, knowing the area she'd be living in, etc., would be good before you file and before it'd be more difficult for her to visit?

Just suggestions. Good luck.

[KimandRuss 0]

Canada Forum?

The US cares about the US. However, as snowytater suggested, there will probably be time apart and it's at the discretion of the POE officer to 'let her in' if she comes for a visit. The overstay is probably noted in the passport and I would have to assume that may send up some signals.

good luck.

[bora bora 1]

Hi all, im new to this site, so im not sure if this is a common question...

I am an american currently living in Spain (legaly). My venezuelan girlfriend came here as well on a tourist visa. She overstayed the visa and is in spain illegaly. She has overstayed it for 3 months so far. We are planning on leaving for venezuela in about two months. I am planning on marrying her in the U.S. on the Fiance Visa. Will this be a problem for the fact that she has illealy overstayed a visa in spain? Will the visa interview be a problem? Would it be better if we marry in Venezuela?

Thank you so much for the help.

The CO won't care (or probably know) that your fiancee overstayed her visa in Spain. It won't matter where you marry.

[Krikit 1,163]

Canada Forum?

The OP originally posted this in the Canada Forum and then it was moved.

[KimandRuss 0]

Those dang organizers! TY Krikit.