K-3 visa for this scenario? Marrying a visa overstay.

[peterwushu 0]

Hi everyone. A friend whose fiance's visa was successfully approved recommended this site to me. It's great, and it has a lot of information, but I must admit I'm pretty lost in the sea of information. I figured posting my scenario in the forums would help get me started in the right direction.

I've been dating a woman that I am very much in love with for nearly a year now and I am gathering information in the event we should get married. Unfortunately, and I knew this from the start, she had come here with her parents from South Korea over 6 years ago and has overstayed her visa for more than 5 years in an attempt to complete school in the U.S. Her parents have long since returned to South Korea, so she has basically been on her own for some time.

Now, I'm trying to figure out what options (and the best ones) I have if I wanted to marry her and have her status adjusted to permanent resident and enable her to work, etc.

Based on my initial readings, the K3 visa would be the route to go, but I'm worried that she would be denied at some point in the process because of the complication with her visa overstay status. Does anyone have any experience or advice on this kind of situation and my best course of action?

Thank you very much in advance!

Peter

[Garu 0]

Without giving it too much thought and just to start the conversation, I think what you do is just marry her. I don't think you need a K3 or K1 or CR1-IR1 or any type of visa because she is already here. You just marry her and then file for Adjustment of Status. I think you would go in front of an immigration judge and will have to plea your case there or at the time you are called for the AOS interview.

Because she came into the country legally, then the 10 year ban would be forgiven. I think your entire case would be based on Immigration being convinced that it is a real relationship and not entered for the purpose of solving the out of status problem.

While she is in the current limbo, she is subject to deportation if she gets cut so if you want to marry her, do it quickly or you will lose her unless you move to her country.

If you really love her, be upfront with her. Tell her the truth and the consequences of doing or not doing something.

Needless to say, you need a lawyer to help you with this.

I'm sure others here have more experience but at least I wanted to throw something up.

Good luck.

[belovedbyme 0]

I think you better marry here since she is already there. If she stays there illegally , she needs to go back to her country and then you file a spousal visa for her. As I've heard, overstaying has 10yr. ban in the US. I would refer you to an immigration lawyer to consult what must to be done. It's free consultation so you don't have to worry.

www.fianceevisas.com. ..good luck!!

Chief

[Mononoke28 135]

All you have to do is get married here in the US, file the I-130 and I-485 along with the I-765 so she can adjust status and get her work permit. Since she came to the US legally she won't face any kind of ban. She should not go back to Korea because she will then face a 10 year ban.

Diana

[peterwushu 0]

Thank you everyone for suggestions. Obviously a decision to get married is my first step, and by the looks of it, I would probably best do that here in the U.S.

I will research those forms for the status adjustment as mentioned. Thank you so much for all your help!

[payxibka 10,047]

Thank you everyone for suggestions. Obviously a decision to get married is my first step, and by the looks of it, I would probably best do that here in the U.S.

I will research those forms for the status adjustment as mentioned. Thank you so much for all your help!

I hope she can prove legal entry (I-94?).... Without it this plan of adjusting status from within will fail.