spousal vs fiancee visa if fiancee overstayed visa

[BigJoePR 1]

HI all!

Im an american citizen (born in Puerto Rico) wishing to bring my fiancee to the states. we have been talking to each other for almost a year right now and im about to go to meet her in September. She is a law student from Guatemala, with a 7y/o american citizen kid. Earlier she went to the states, overstayed her visa having her kid here in the states, but she left US at her will (no proceedings involved) more or less 5 years ago.

heres the question: We are planning to wed, but we are considering how it works better in terms of probability to be successful, and secondary time to get the visa / green card.

Talking with a friend of mine that is married with a chinese he told me that might be better to marry then to apply for a spousal visa,

Spousal visa: but how to prove a bona fide marriage if we wont live together till getting the visa?

Fiancee Visa: How the visa overstay might hurt it possibilities?

What do you think??

Thanks! thanks for your advice! Immensely appreciated!

Jose

[USS_Voyager 1,972]

4 minutes ago, BigJoePR said:

Earlier she went to the states, overstayed her visa having her kid here in the states, but she left US at her will (no proceedings involved) more or less 5 years ago.

Before you get into the other stuff, how long exactly did she overstay? It is very important because an overstay of more than 6 months will trigger a 3 year ban and an overstay of more than 1 year will trigger a 10 years ban from entering the US. You will need a waiver. This is probably not a DIY case following instructions on the internet type of thing. You may need to think about getting a lawyer 

[payxibka 10,045]

How long was the overstay?

[Boiler 45,661]

Getting somewhat ahead of yourself, meet first.

[BigJoePR 1]

13 minutes ago, USS_Voyager said:

Before you get into the other stuff, how long exactly did she overstay? It is very important because an overstay of more than 6 months will trigger a 3 year ban and an overstay of more than 1 year will trigger a 10 years ban from entering the US. You will need a waiver. This is probably not a DIY case following instructions on the internet type of thing. You may need to think about getting a lawyer 

definitely will need to contact somebody. She tells me that she overstayed for 2 years 7 years ago. 

Edited June 28, 2019 by BigJoePR
wrong information

[Boiler 45,661]

Did she pay the Hospital Bill etc?

[BigJoePR 1]

6 minutes ago, Boiler said:

Getting somewhat ahead of yourself, meet first.

yes and thanks for your observation!... im just weighing options.  nothing is written in stone yet. and it seems we will be visiting each other for some time since she is studying law over there, and will be finishing on december 2020

 

[BigJoePR 1]

oops was the state i guess dont know who pay for that in those cases. Im asking her the questions.

[ineedadisplayname 501]

1 minute ago, BigJoePR said:

yes and thanks for your observation!... im just weighing options.  nothing is written in stone yet. and it seems we will be visiting each other for some time since she is studying law over there, and will be finishing on december 2020

 

FYI I don't think she can use her law degree over here. So she might need to start over or best case to take some exams to recognized as a lawyer here....  Might be a good idea to look up that too.

[USS_Voyager 1,972]

17 minutes ago, BigJoePR said:

she is studying law over there,

Will she specialize in immigration law by chance?

[BigJoePR 1]

4 minutes ago, ineedadisplayname said:

FYI I don't think she can use her law degree over here. So she might need to start over or best case to take some exams to recognized as a lawyer here....  Might be a good idea to look up that too.

yes we know, but in liew theres some time involved in the visa process well she might finish and 

 

36 minutes ago, payxibka said:

How long was the overstay?

1.5 to 2 years. 

[BigJoePR 1]

4 minutes ago, USS_Voyager said:

Will she specialize in immigration law by chance?

i asked her, she smiled and told me now she is heavily considering it!

heeheh

 

[BigJoePR 1]

55 minutes ago, payxibka said:

How long was the overstay?

1.5 years

 

[ineedadisplayname 501]

20 minutes ago, BigJoePR said:

yes we know, but in liew theres some time involved in the visa process well she might finish

Yeah. That makes sense. 

[SusieQQQ 11,586]

46 minutes ago, BigJoePR said:

definitely will need to contact somebody. She tells me that she overstayed for 2 years 7 years ago. 

10 year ban

40 minutes ago, BigJoePR said:

yes and thanks for your observation!... im just weighing options.  nothing is written in stone yet. and it seems we will be visiting each other for some time since she is studying law over there, and will be finishing on december 2020

 

You’ll be visiting her..not her visiting you (see above)

38 minutes ago, BigJoePR said:

oops was the state i guess dont know who pay for that in those cases. Im asking her the questions.

This could be a problem too.