What To Do If Your Fiance Is Already In The USA

[Fandango 1,439]

Getting married on a tourist visa is not illegal, but staying in the country after the marriage is illegal.

no it isn't.

It's all about the intent at the POE. Once the marriage has taken place, they can apply for AOS providing the intent was not to emigrate upon arriving in the states.

As far as a possible visa overstay and the effects on this situation, well, that's a diff kettle of fish & I have no clue about that whatsoever.

so you are trying to say that theres nothing illegal about coming to the US on a tourist visa (without the intent to marry), get married and then file for AOS???!?!?!??!

Why is not everybody on here doing it then?????

You're missing the key words

INTENT UPON ARRIVAL

[Mister Ecua 0]

Wow, I am learning a lot in 1 day, I didn't realize you guys reply so quickly too. I had no clue there was such a thing of fraud upon a visa... I actually met her here after she had already had been in the US, I did not know her before... So say if her visa is already expired, I don't want to tell her to go home and wait this long process so she can come back, is it possible for her to stay and file the proper paper work, and if everything gets approved then send her back home to re enter? (I'm not sure if that even makes sense...)

[Fandango 1,439]

Wow, I am learning a lot in 1 day, I didn't realize you guys reply so quickly too. I had no clue there was such a thing of fraud upon a visa... I actually met her here after she had already had been in the US, I did not know her before... So say if her visa is already expired, I don't want to tell her to go home and wait this long process so she can come back, is it possible for her to stay and file the proper paper work, and if everything gets approved then send her back home to re enter? (I'm not sure if that even makes sense...)

By how long is her visa expired?

[TimsDaisy 0]

Has her visa expired?

If so, she needs to return home as soon as possible and then you can begin the proper process. You can marry before she leaves, but she'll still have to go. The K1 (fiance) is going slightly faster than the K3 (spouse), so you might want to tell her to go soon, as much as it sucks, and wait to marry until later.

Second question - IF it has expired, how long ago?

180 is the magic number: if she has overstayed by more than 180 days, then that's going to be a much bigger problem, requiring extra paperwork.

If it has been less than 180 days, then have her go now and get cracking on that proper paperwork. She shouldn't face a ban of a set number of years (which she may for more than a 180 day overstay), and you shouldn't face too many hurdles extra from the rest of us, if any.

(p.s. don't get married, have her stay, and hope for a miracle. there's no amnesty process right now. don't chance it. you can't fight city hall. get square with the legal process ASAP.)

Edited March 8, 2007 by TimsDaisy

[Mister Ecua 0]

I am not sure if or how long, I will have that information tomorrow morning for you guys. I am hoping that it is not more than 180 days ...

[TimsDaisy 0]

by the way - the information you are looking for is her passport. there should have been a form stapled inside called an I-94, it will have a date stamped on it - that's the date at which she needs to leave/have left the country. this date can and is likely different from her visa expiration date. my now-fiance learned this very important difference the very hard way.

also - IF the I-94 date has not passed (Which from the way you are hedging, I'm assuming has - how long have you been with her? if it's longer than 6 months, you're probably too late), i recall - but very hazily - that there may be a procedure by which she can extend her time on the I-94 - but only in ADVANCE of the expiration.

start googling.

[msu17 0]

Here's the site with information for extention of I-94 if you can do that.

http://travel.state.gov/visa/temp/info/inf....html#Extension

[athena_ny 1]

If he met her here, overstay and unauthorized work are generally forgiven by marriage to a USC. It wouldn't be a miracle for it to be forgiven.

Has her visa expired?

If so, she needs to return home as soon as possible and then you can begin the proper process. You can marry before she leaves, but she'll still have to go. The K1 (fiance) is going slightly faster than the K3 (spouse), so you might want to tell her to go soon, as much as it sucks, and wait to marry until later.

Second question - IF it has expired, how long ago?

180 is the magic number: if she has overstayed by more than 180 days, then that's going to be a much bigger problem, requiring extra paperwork.

If it has been less than 180 days, then have her go now and get cracking on that proper paperwork. She shouldn't face a ban of a set number of years (which she may for more than a 180 day overstay), and you shouldn't face too many hurdles extra from the rest of us, if any.

(p.s. don't get married, have her stay, and hope for a miracle. there's no amnesty process right now. don't chance it. you can't fight city hall. get square with the legal process ASAP.)

[Mister Ecua 0]

Ok, I just got finished talking to her, and boy.... am I kind of freaking out right now. It seems that she has overstayed her welcome by a while, I didn't get the exact date, but I am sure that is irrelevant due to the year of expiration, 2004 Wow... At first I was happy to find this forum, but now, I am a little upset that I know the truth now. From the way everyone has been talking in this thread, it looks like we are doomed. Does anyone have a possible solution, if there is one... , please help

[Mister Ecua 0]

Maybe I should explain the situation a little better as well, I'm not sure that would help any though...

I met my fiance through mutal friends (who probably has no clue about the visa process either) coming up on a year now. I knew she entered the US in 2003 (maybe at the end?? if anyone needs exact dates, I can provide them later tonight), and knew she had a tourist visa, but was unaware of how long a tourist visa was, although I am sure she did. (We will call my fiance Natalie) Natalie also came into the US pregnant, and gave birth to her son (I am not sure if it was in the time of a valid visa or after the expiration, but if it was after the expiration, then it wasn't too much longer after... if that helps any...) So, she has an american born son and a exipired visa. Sometime passes by and along comes me.. blah blah blah we decide to get married one day, i find out about this forum and now I am here with this situation...

[athena_ny 1]

You are not doomed. Go to the AOS forum and search "overstay". Plenty of people adjust status as overstays. My husband's I-94 expired in 2002 (I'm not going into why he stayed, it's a long story and I'm at work), we married and are now adjusting his status. As long as your marriage is real and she didn't enter the country with the intent to marry on a tourist visa (which, since you said you met her here, I doubt she entered with intent). It will not be a miracle to get approval.

She cannot leave the country if this is the path you choose to take. As it stands, there would be a 10 year ban in place, and her visa would get denied and waivers would have to be filed, etc etc. This is not the preferred route, but it IS legal even though people here will tell you it is not.

Best of luck in whatever you decide to do.

Ok, I just got finished talking to her, and boy.... am I kind of freaking out right now. It seems that she has overstayed her welcome by a while, I didn't get the exact date, but I am sure that is irrelevant due to the year of expiration, 2004 Wow... At first I was happy to find this forum, but now, I am a little upset that I know the truth now. From the way everyone has been talking in this thread, it looks like we are doomed. Does anyone have a possible solution, if there is one... , please help

[Kez/JWolf 6]

the date her visa expired will not make any diffrence to her doing AOS.... You need to be married and then file for the AOS paperwork... that will put her back in status while it is being processed.... she MUST NOT LEAVE THE US or she will be banned for 10 years.... start the AOS and get things sorted.... a visit to a immigration lawyer to go over everything would help too...

I came on a VWP/tourist visa and got married and stayed... I have had my greencard since Nov 2005... so yes it can be done and there is nothing illegal about it... Yes there are risks in doing it this way but for the OP's wife to return to her home country would make things 100 times more complicated than just having to file for a K1 or K3... because of the overstay she would be denied and then have to file for a wavier to overcome the ban before she could be givenany visa to re-enter the USA...

Good Luck

Kez

[athena_ny 1]

As far as bringing over her daughter, read here - I'm not sure, but I think your fiance would have to get her permanent residency first.

(As a total aside, my husband is from Lima )

the date her visa expired will not make any diffrence to her doing AOS.... You need to be married and then file for the AOS paperwork... that will put her back in status while it is being processed.... she MUST NOT LEAVE THE US or she will be banned for 10 years.... start the AOS and get things sorted.... a visit to a immigration lawyer to go over everything would help too...

I came on a VWP/tourist visa and got married and stayed... I have had my greencard since Nov 2005... so yes it can be done and there is nothing illegal about it... Yes there are risks in doing it this way but for the OP's wife to return to her home country would make things 100 times more complicated than just having to file for a K1 or K3... because of the overstay she would be denied and then have to file for a wavier to overcome the ban before she could be givenany visa to re-enter the USA...

Good Luck

Kez

[The Molinas 0]

You are not doomed

Since she overstayed the visa for more than 180 days she cant leave the country otherwise she will get a ban and she wont be able to come into the US for a very long time (i think its a 10-15 year ban)

Get married and start filing for AOS. The overstay will be forgiven since she will be married to a US Citizen.

For more information click here:

AOS

Getting her daughter to the US will probably take a little while. Like somebody said before, she needs to have her greencard first and then file for a visa for her daughter.

Why did she leave her 4 year old daughter behind??? If your fiance came to the US in 2003/2004 that means her daughter was only about 1 back then... Just wondering...

Edited March 8, 2007 by The Molinas

[Yodrak 7]

TimsDaisy,

I understand what you're thinking, but it's not quite true. More than a few people come to the USA with the intention of finding someone, while they are here, who will marry them so that they can stay. Not a suitable tactic for countries where it is hard to get a B2 visa, but works well for other countries.

Adds another degree of complication to the USCIS' job of figuring out who is legit and who isn't.

Yodrak

.....

Your answer pre-supposes the couple in question had already met and the woman snuck in under false pretenses. I met my now fiance while he was here on a tourist visa after he had been here already for 5+ months. Had we married at that time, he could have petitioned to adjust status because when he entered it wouldn't have been possible for him to have intended to marry and remain since WE HADN'T MET YET! .....