QUESTION
Green Card for fiancé who overstayed visa.
Asked on Dec 29th, 2021 on Business Litigation - Tennessee
More details to this question:
She came here from Thailand and got married to a horrible person who never got her her green card and never brought her dogs here. I helped her get divorced but she has been here over 4 years. 3 years with myself. She works and supports herself. The issue is my tax returns. Need some info on possible solutions. Thank you. Derek
1 ANSWER
If she came here on a K fiancée visa, then she will not be able to get married to another person other than the one that she was sponsored by. If you are a US citizen, and she entered the country legally, and NOT on a K visa, but for example like a visitor visa or a student visa, then you can still sponsor her for her green card, despite that she's in overstay status. You should retain counsel to process your case. Some of us charge a very affordable flat fee and take the case from start to finish. This is done by entering a G 28 notice of appearance of attorney of record into the case. As far as the 864 affidavit of support, if your income is insufficient to financially sponsor her, then you can enlist the help of a joint financial sponsor who does meet the minimum income threshold.
Answered on Dec 30th, 2021 at 4:49 AM