My fiance has over-stayed his student visa, help with K1 please

[jennifer&d 0]

My fiance is from Mexico has been here on a student visa for awhile and we met last year. We want to get married next year but I have a feeling his student visa is expired as of now and hes stayed to finish off school but now we are planning to get married. I am really unfamiliar with all of the immigration laws but I recently read about the K1 visa. I think we should apply for it but I dont want there to be the possiblity and problem of his over-stay here comming up Im really unsure of what to do.. please help!

[sara..... 371]

My fiance is from Mexico has been here on a student visa for awhile and we met last year. We want to get married next year but I have a feeling his student visa is expired as of now and hes stayed to finish off school but now we are planning to get married. I am really unfamiliar with all of the immigration laws but I recently read about the K1 visa. I think we should apply for it but I dont want there to be the possiblity and problem of his over-stay here comming up Im really unsure of what to do.. please help!

how long of over stay does he have?

sara

[Hugglebuggles 60]

Since he's already in the US, and entered legally, wouldn't it be a better idea to get married as soon as possible to limit the overstay and apply to adjust status? I assume he entered the US with the intention of studying and leaving when his visa expired, not with the intent to marry you.

[Gary and Alla 3,694]

My fiance is from Mexico has been here on a student visa for awhile and we met last year. We want to get married next year but I have a feeling his student visa is expired as of now and hes stayed to finish off school but now we are planning to get married. I am really unfamiliar with all of the immigration laws but I recently read about the K1 visa. I think we should apply for it but I dont want there to be the possiblity and problem of his over-stay here comming up Im really unsure of what to do.. please help!

I cannot comment on "feelings". Is he overstayed or not? He is or he isn't, no feelings about it. If he is overstayed more than 180 days he will begin to accrue "ban" time against receiving any other visas, including K-1

[Jenn and Fuat 2]

I have a feeling his student visa is expired as of now and hes stayed to finish off school but now we are planning to get married.

If he's still attending classes, then his student visa is probably still valid. The universities watch this pretty closely. Yes, it's possible that it expired and the university missed it.. but not probable.

You said you have a "feeling" the visa has expired. You don't actually know for sure?

[Gary and Alla 3,694]

Since he's already in the US, and entered legally, wouldn't it be a better idea to get married as soon as possible to limit the overstay and apply to adjust status? I assume he entered the US with the intention of studying and leaving when his visa expired, not with the intent to marry you.

The oversty could be a problem at AOS and then you are married. I would sort this out before jumping into marriage. This is a case where an attorney, or at least a VJ member with more experience regarding overstays can advise.

Remember marriage and immigration are two separate things. If you get married and the visa or AOS is denied, youa re still married.

[chads 0]

Jenn,

I am sorry that I could not be of more assistance for you. I am sure that someone here will have much more knowledge than I do on this subject. My fiance's over stay was more than 180 days and she had a 3 year ban to the US (which was completed before we met). I am working 7pm to 7am so I really appoligize for the short reply this morning.

Thanks,

Chad