Need Advice

[Abhinav99 0]

Hello Everyone,

I am new here and wanted to see if anyone would give me some good suggestions. I am a US Citizen and I just got engaged to a Indian girl. She has been living in the US for about 15 years. She came on a Visitors visa when she was 10 years old, which I assume is only valid for 6 months. Well, we plan on getting a court marriage done in about 3 weeks. Even though her visa expired 14.5 years ago she still stayed in the country. Her current status is invalid. She has been in school this whole time. I talked with a few people who said that this won't be an issue since she has no criminal background and that she came to the country legally, she has a I-94 in her passport. We are planning to apply for her green card in early september, once we get a copy of the marraige certificate. Do you guys have any suggestions for me of how we should handle this?

I also heard something about the name change. Once she marries me, should she change her last name to mine? Even though her Indian passport will have her maiden name listed. I heard we can easily provide the proof of the name change with the social security office by showing a certificate from them and a marraige certificate. What do you guys think about this? Am I just stresing for no reason? Please respond, thank you.

[pushbrk 13,191]

Hello Everyone,

I am new here and wanted to see if anyone would give me some good suggestions. I am a US Citizen and I just got engaged to a Indian girl. She has been living in the US for about 15 years. She came on a Visitors visa when she was 10 years old, which I assume is only valid for 6 months. Well, we plan on getting a court marriage done in about 3 weeks. Even though her visa expired 14.5 years ago she still stayed in the country. Her current status is invalid. She has been in school this whole time. I talked with a few people who said that this won't be an issue since she has no criminal background and that she came to the country legally, she has a I-94 in her passport. We are planning to apply for her green card in early september, once we get a copy of the marraige certificate. Do you guys have any suggestions for me of how we should handle this?

I also heard something about the name change. Once she marries me, should she change her last name to mine? Even though her Indian passport will have her maiden name listed. I heard we can easily provide the proof of the name change with the social security office by showing a certificate from them and a marraige certificate. What do you guys think about this? Am I just stresing for no reason? Please respond, thank you.

Just follow the adjustment of status guide. Name change or not is not an issue. Do as you please.

This is not a K3 issue or a visa issue of any kind. It's AOS.

Edited August 7, 2009 by pushbrk

[daboyz 36]

Hello Everyone,

I am new here and wanted to see if anyone would give me some good suggestions. I am a US Citizen and I just got engaged to a Indian girl. She has been living in the US for about 15 years. She came on a Visitors visa when she was 10 years old, which I assume is only valid for 6 months. Well, we plan on getting a court marriage done in about 3 weeks. Even though her visa expired 14.5 years ago she still stayed in the country. Her current status is invalid. She has been in school this whole time. I talked with a few people who said that this won't be an issue since she has no criminal background and that she came to the country legally, she has a I-94 in her passport. We are planning to apply for her green card in early september, once we get a copy of the marraige certificate. Do you guys have any suggestions for me of how we should handle this?

I also heard something about the name change. Once she marries me, should she change her last name to mine? Even though her Indian passport will have her maiden name listed. I heard we can easily provide the proof of the name change with the social security office by showing a certificate from them and a marraige certificate. What do you guys think about this? Am I just stresing for no reason? Please respond, thank you.

Just follow the adjustment of status guide. Name change or not is not an issue. Do as you please.

This is not a K3 issue or a visa issue of any kind. It's AOS.

No 14 year overstay issue? Just curious.

[pushbrk 13,191]

Hello Everyone,

I am new here and wanted to see if anyone would give me some good suggestions. I am a US Citizen and I just got engaged to a Indian girl. She has been living in the US for about 15 years. She came on a Visitors visa when she was 10 years old, which I assume is only valid for 6 months. Well, we plan on getting a court marriage done in about 3 weeks. Even though her visa expired 14.5 years ago she still stayed in the country. Her current status is invalid. She has been in school this whole time. I talked with a few people who said that this won't be an issue since she has no criminal background and that she came to the country legally, she has a I-94 in her passport. We are planning to apply for her green card in early september, once we get a copy of the marraige certificate. Do you guys have any suggestions for me of how we should handle this?

I also heard something about the name change. Once she marries me, should she change her last name to mine? Even though her Indian passport will have her maiden name listed. I heard we can easily provide the proof of the name change with the social security office by showing a certificate from them and a marraige certificate. What do you guys think about this? Am I just stresing for no reason? Please respond, thank you.

Just follow the adjustment of status guide. Name change or not is not an issue. Do as you please.

This is not a K3 issue or a visa issue of any kind. It's AOS.

No 14 year overstay issue? Just curious.

With a bona fide marriage to a US citizen, the overstay would be forgiven. Somewhat strange but true. The couple can expect close examination of their bona fides though.

[Kathryn41 3,205]

moved from K-3 to AOS forum

[trillium13 84]

We adjusted from VWP with long overstay (not quite that long ) and it was no problem at all at our interview. We weren't even asked about it. Not that we didn't worry!

[Abhinav99 0]

That's great news! Thank you to everyone for replying, I'm less stressed about this situation now.