QUESTION
How do I get my fiance to stay with me in the US until I get my citizenship?
Asked on Mar 21st, 2012 on Immigration - Texas
More details to this question:
I am a Green Cardholder eligible for US Citizenship in Nov 2012 - My fiance of 5 years came here on b2 10 year visa - she is allowed 6 months. I want her to stay here with me until I get my citizenship - however she would fall out of status my questions are: 1)If she stays here and falls out of status can I still marry her when I get my citizenship without her being deported or punished? 2) If we apply for extension and stays here out of status and she get denied will she be able to come back to US at a later time with out having any problems at the border? 3) If she leaves here before her i-94 expires and plans to come back 2-3 months later will she have problems at the border? Thank you so much - sorry it's been a really tough 5 years and because I have the green card I've been visiting her but I had to come back over 6 months.
6 ANSWERS
There is a way to make this happen.
Answered on Jul 02nd, 2013 at 12:36 AM
Best wishes for the marriage you are planning. Here are a few details that should prove helpful for your considerations: There is no visa category for fiances of U.S. Permanent Residents. Each time a person enters the U.S. with a visitor's visa, she must have a genuine intention to stay temporarily and then return abroad in compliance with her visa - she is not permitted to enter with a visitor's visa while intending to marry you and live here permanently. If your fiance were to overstay her visa, if she came to the attention of immigration authorities she would become subject to being placed in removal proceedings, but generally the immigration authorities do not put much effort into addressing visa overstays and only take action when brought to their attention through a criminal arrest or similar matter. Once you become a naturalized U.S. citizen, you would be able to sponsor your wife to adjust status to become a Permanent Resident notwithstanding that she had entered the U.S. lawfully and with inspection but then had overstayed her visa. Generally, one may file a petition for naturalization 90 days before the end of the 5-year period applicable to most people. You might want to consider engaging an immigration attorney to prepare your naturalization petition package so you may file it at the earliest possible date and so you may maximize the likelihood of efficient and prompt processing/approval. The Atlanta Field Office of the USCIS has been taking approximately four months to process naturalization cases that can be adjudicated at the time of the naturalization interview and examination. For cases that cannot be finally adjudicated at the interview/examination, for example cases that lack some of the necessary supporting documents, delays then can take an additional nine months or even longer.
Answered on Mar 21st, 2012 at 5:51 PM
Rebecca T White
You will have some options, and I suggest that you and your fiance set a consultation appointment with an immigration attorney to fully discuss the risks and benefits to how you may decide to proceed. She may try to extend her visitor status, or decide to overstay and wait for your citizenship. You may also decide to marry and file an immigrant visa petition for her now, prior to your citizenship. Doing so would not gain any immediate benefits, but there may be reasons to do so. On a most basic level, if she overstays she needs to be pretty committed to remaining in the US until she has her status adjusted. If she leaves, she should do so prior to overstaying. But her options are a bit more complicated and nuanced than that, and a full discussion would benefit you both.
Answered on Mar 21st, 2012 at 5:51 PM
She will be able to adjust status within the US, if doing so on the basis of marriage to a US citizen, even if her I-94 is expired by that time. Any unauthorized presence time and unauthorized employment is forgiven those adjusting to permanent residence on the basis of a bona fide marriage to a US citizen. She will not be deported. If she leaves before her I-94 expires, however, she may not be permitted to return to the US as a visitor as soon as you plan. I would probably suggest that you file for an extension of her B-2 status very close to the expiration of her I-94 and that will give her the ability to remain in the US while the request for the extension is pending. If you are eligible to apply for naturalization in November, is that because your 5 years are up in November? Because you are eligible to apply for naturalization up to 90 days prior to the 5 year anniversary of the grant of the green card status.
Answered on Mar 21st, 2012 at 5:37 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
If she overstays, she will be fine. You can adjust her status after you become a US citizen without any penalty. The entire process will take only 3 to 4 months once you become a US citizen. I would recommend that she doesn't leave the US once she overstays (otherwise, she can have problems to return).
Answered on Mar 21st, 2012 at 5:20 PM
Assault Attorney serving Richardson, TX
2 Awards
It is best if she stays here. The marriage and application will cure the overstay.
Answered on Mar 21st, 2012 at 5:19 PM