ShinJay08

Hello, thanks for clicking my post,

first, I am waiting for my citizenship ceremony, it's next Saturday, so I am a U.S. citizen soon.

Then, my fiance is with me in the U.S., she is Korean, overstayed for 130 days. (ESTA visa waiver entry)

She's trying to leave the U.S. before 180 days of overstay at least. She is going to Korea then, apply for CR-1 there,

my first question is, If we get married now, in the U.S., my fiance can apply for CR-1 in Korea without me, right?

Then, other questions are about the documents.

1. I am a student, I had not much income, had no tax return. If a 3rd person becomes our sponsor, how does it work?

2. We don't have any co-ownership of property or any evidence that we lived together (we have lived about 8 months together in the U.S.)

is there any kind of evidence we can make before she leaves this country? or affidavits from my friend will work?

Thank you for your help!

Thank you for your reply,

Then, does anyone know if her overstay of about 4 months would affect CR-1 or K-1 application?

First, thank you for clicking my post

My girlfriend visited the U.S. last year for about 50 days with ESTA visa waiver (2012. 1.31~ 2012. 3.24)

Then her second visit was at September last year, (2012. 09. 11) and staying till now.

She was allowed to stay for 3 months, now it has been about 7 months since then.

My first question is, the 'overstay period' counting starts from the day after first 90 days, right?

So, since she came last September and her 90 days ended last December, she's been overstaying for a little more than 4 months, right?

So, since her overstay is under 6 months, she is not banned yet. correct..?

The original plan was our marriage and green card for spouse. We waited for my citizenship and I recently became a U.S. citizen through N400.

But situation changed and she has to go back to Korea because of family issues..

My question is, if she leaves now, she is not barred but overstayed. Then could we apply for K-1 or CR1 for green card?

Thank you so much for your time reading this!! I'll appreciate any advice!