QUESTION
How can my fiance apply for a visa if she has overstayed on a student visa and she is no longer in school now?
Asked on Mar 20th, 2013 on Immigration - Texas
More details to this question:
She does not wish to return to her country for fear of not being able to return. We want to marry but we are afraid of deportation and making it impossible for her to return.
14 ANSWERS
Adebola O. Asekun
Since she is no longer in status, the only viable option that I can see is for you to marry her and file a petition for her green card
Answered on Mar 21st, 2013 at 7:34 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Mar 21st, 2013 at 11:09 AM
You may be able to marry and apply in the U.S. for her green card if you are a U.S. Citizen. You would file a petition and her ajustment application concurrently (all together) along with other documents if you meet all the conditions. Talk with an Immigration Attorney to find out if you can apply and the attorney can walk you through the process.
Answered on Mar 21st, 2013 at 7:55 AM
Thomas J. Rosser
Assuming you are a US Citizen and she has a lawful F-1 student entry, there are ways of processing her for adjustment of status based upon her marriage to a USC. You should contact an experienced immigration attorney to guide you through the rather complicated and length adjustment process.
Answered on Mar 20th, 2013 at 2:25 PM
She does not have to return to her home country. If she marries a US citizen, she can apply for adjustment of status. She qualifies for adjustment of status because she entered the US with a student visa, provided that she doesn't have any criminal issues that may render her inadmissible. If you are a US citizen, you can marry her and petition her (Form I-130) and she can submit Form I-485 for permanent resident status.
Answered on Mar 20th, 2013 at 2:24 PM
Your fiancé could apply for a green card without having to leave the US after you get married if you are a US citizen. If that is not an option, she may be able to reinstate her student status. You should consult with an immigration attorney.
Answered on Mar 20th, 2013 at 2:24 PM
She does not need a fianc?e visa if she is already in the US. You can simply get married and then apply for her permanent residence (green card) on the basis of marriage. She will not have to go back to her country to consular process (if she goes outside the US until her green card is granted, she will be barred from reentry for 10 years) and she will be able to complete the entire process within the US as long as she entered the US lawfully and can document that lawful entry. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Mar 20th, 2013 at 2:23 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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I highly recommend that you schedule an appointment with a competent immigration attorney now. It may be possible for your fiancee to remain in the US, marry here and apply for a green card in the US, without penalty. Or there may be other options like asylum. However you cannot determine this by yourself.
Answered on Mar 20th, 2013 at 2:23 PM
3 Awards
If a foreign national marries a USC citizen (and she entered with inspection) then the marriage case will provide a "safe harbor" from any unauthorized status in the U.S.
Answered on Mar 20th, 2013 at 2:23 PM
Bankruptcy Attorney serving Los Angeles, CA
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The Law Offices of Amy Ghosh
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If you are us citizen you can sponsor her after marriage.
Answered on Mar 20th, 2013 at 2:22 PM
Immigration Attorney serving Chicago, IL
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Kriezelman Burton & Associates, LLC
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If you get married, she may be able to stay here after the filing of the proper applications. You may want to speak further with an experience Immigration Lawyer.
Answered on Mar 20th, 2013 at 2:22 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can marry and apply for the green card. No need to do a fiance visa. And the entire process takes place in the US. If done right, you can have a green card in about 90 days. There is no penalty for the overstay either. Please consult with an experienced immigration attorney.
Answered on Mar 20th, 2013 at 2:21 PM
Consult with an attorney, she may be able to stay here and get her green card through marriage.
Answered on Mar 20th, 2013 at 2:20 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If you are a US citizen and got married to your fiancee, she can legally apply for her residency here in the United States even if she overstayed her student status. The process is called adjustment of status and she will need to submit the following forms after reading and following the instructions: I-485, I-130, G-325A, I-765, I-131, I-864. The total fee for the entire case is $1,490 ($1,070 I-485 + $420 I-130).
Answered on Mar 20th, 2013 at 2:20 PM