What To Do If Your Fiance Is Already In The USA

[Mister Ecua 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...

I read the AOS section and this process seems to be for "K" visa holders, does anyone know where I can find the process for what my predicament is?

As for her leaving her daughter back home, she came her on a misunderstanding about the tourist visa and ended up being stuck here.

[Mister Ecua 0]

nvm, I looked a little more into it, but another question... After we are married, the next step is to fill out the I-485, correct?

[athena_ny 1]

Yes, along with the I-130 petition for alien relative and if you choose, the I-765 (employment authorization) and I-131 (Advanced parole, for traveling outside the country before receiving green card ... my husband's overstay was enough that it probably wouldn't help him anyway, and it's not like he has the money to go anywhere so we didn't apply but some people do)

nvm, I looked a little more into it, but another question... After we are married, the next step is to fill out the I-485, correct?

Edited March 15, 2007 by meow mix

[notrepetiteashley 0]

My husband overstayed like, 2 years or more. I'm sorry, I don't quite remember the specific date now. I probably blocked it out now that we have the Green Card, haha.

I just want to say I agree with everything Kezzie is saying. So...if it means anything, I'm another person with the vote that it's fine to file AOS after you are married, provided she absolutely does NOT leave the US. Even with AP. Don't even bother filing for AP. So, I guess the question is, how willing is your wife to continue to stay in the US and not visit her home country?

[meauxna 15]

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.

What?!

I know there have been other answers since this, but seriously folks. If someone is INSIDE the US and asking these kinds of questions, the answer is RARELY 'go home and start the visa process'.

Mister Ecua: surely it's worth a couple hundred of your hard-earned dollars to go and get a legal consultation? It's clear your case has 'issues' and that all of this is new to you. Consider the risk of an error at this point.