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My fiancé is here on an expired tourist visa, we wish to get married but don't know the best way to go about it. Can we apply for a tourist visa if she is already in the US, or should we just go ahead and get married even though she over stayed?

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1 minute ago, CcVc6 said:

My fiancé is here on an expired tourist visa, we wish to get married but don't know the best way to go about it. Can we apply for a tourist visa if she is already in the US, or should we just go ahead and get married even though she over stayed?

If you are a US Citizen you can get married and file an AOS.   There are no US consulates in US so she can't apply for a tourist VISA. 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Assuming she entered the US legally, you are a citizen, and she doesn't want to go home. The best thing to do is go for a courthouse wedding and follow this guide.

 

https://www.visajourney.com/content/i130guide2/

 

Depending on the time she has overstayed it is important to understand what the consequences of her leaving before she gets a green card or advance parole as well.

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Thread is moved from the K-1 Process forum to the "AOS from WS&T Visas" main forum -- OP would be at the adjustment phase.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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On 8/14/2019 at 12:27 PM, CcVc6 said:

My fiancé is here on an expired tourist visa, we wish to get married but don't know the best way to go about it. Can we apply for a tourist visa if she is already in the US, or should we just go ahead and get married even though she over stayed?

You can apply for adjustment of status once you get married and you are a us citizen. There should not be any issues

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