B2 overstaying question

[Michaelbig 0]

Hello Everyone

My girlfriend just realized her B2(i94)expired in May 25th. she thought it should has one year length.

She had F1 visa before, but withdrawal school because personal issue. Then came back with B2 visa.

She is applying school now( spring 2013. Already got two offers). If she goes back to China immediately and apply for F1 visa. Is this going to be a problem?

Also I'm the US citizen. Can I help her back to the US if they denied her f1 visa.

Thanks

[Newbie608 103]

She should have changed her status to f1 before her b2 stay expires. Her overstay is less that 180 days so maybe she wouldn't have a problem getting a student visa but you never know. If you guys are married, you could adjust her status here or have her go home and do the process there.

All the best

[JohnR! 5,495]

Hello Everyone

My girlfriend just realized her B2(i94)expired in May 25th. she thought it should has one year length.

She had F1 visa before, but withdrawal school because personal issue. Then came back with B2 visa.

She is applying school now( spring 2013. Already got two offers). If she goes back to China immediately and apply for F1 visa. Is this going to be a problem?

Also I'm the US citizen. Can I help her back to the US if they denied her f1 visa.

Thanks

She will be questioned about her overstay, for sure, so if she has plans to return to the US legally, she should return to China at once.

As a US citizen there is nothing you can do to help her get a F-1 visa. It is up to her to provide the necessary evidence to the US consulate.

[Michaelbig 0]

She should have changed her status to f1 before her b2 stay expires. Her overstay is less that 180 days so maybe she wouldn't have a problem getting a student visa but you never know. If you guys are married, you could adjust her status here or have her go home and do the process there.

All the best

Thank you very much. Another question If her F1 visa got denied because the overstays. Will this also affect her status if we are married?

She will be questioned about her overstay, for sure, so if she has plans to return to the US legally, she should return to China at once.

As a US citizen there is nothing you can do to help her get a F-1 visa. It is up to her to provide the necessary evidence to the US consulate.

Thank you very much

[JohnR! 5,495]

Thank you very much. Another question If her F1 visa got denied because the overstays. Will this also affect her status if we are married?

You are welcome!

If you marry her eventually, she will have no issues getting her green card. She will go through the same process as everyone else, but her overstay will not hold her back.

[Harsh_77 718]

Are you planning to get married right away, than yes you can help or there is not much u can really do anything.

If she wants to be back as a student, she needs to leave US immediately, not sure for someone who has been in US on B1/2 and F1 in past could make such a mistake of thinking B1/2 is for 1 year.

If she intends to return back as student she needs to leave immediately and get her new F1 before she hits her 180 days.

[Michaelbig 0]

Marriage is the back up plan. Both of us are student. We are not ready for marriage and we didn't talk too much about marriage until yesterday.

What We worry most now is that her F1 visa may get denied.

[Newbie608 103]

Marriage shouldn't be a backup plan. If you are inlove, do it and she could get her greencard here and she could go to any school she wants. Also her overstay will be forgiven.

[JohnR! 5,495]

Marriage is the back up plan. Both of us are student. We are not ready for marriage and we didn't talk too much about marriage until yesterday.

What We worry most now is that her F1 visa may get denied.

You are free to do what you wish, obviously, but IMHO that is one terrible back up plan.

Best luck!

[Lornaevo 48]

Marrying her just so she can get a green card is considered immigration fraud.

[DandT14 272]

You didn't mention how long you've been with her, but don't get married if you're not ready. Marriage is hard enough for people want to do it, if you feel like you HAD to do it, you'll end up resentful. Not to mention that pesky affidavit of support. That could get quite annoying if you ended up divorcing.

You've gotten good advice here. If she leaves the country and has trouble getting an F-1 to come back, I guess you'll end up trying out the long distance relationship thing. If you can survive that for awhile, maybe you will be ready for marriage.

[Michaelbig 0]

Thanks to everyone. This site is very helpful. We have been together for about 8 months. I know the overstay is going to affect her F1 visa. Does it going to affect her k1 also if we decide to get married?

[DandT14 272]

If you decide to get married, do it in this country and file for AOS. The overstay won't matter.

If you file for K-1, it will be after she returns to her country and basically you'd just be getting her a visa so she could come back and marry you. I don't think the overstay would matter, but I don't know a lot about K-1s. Someone else will be able to answer that better.

[Harpa Timsah 13,258]

Some bad advice/confusion here... The overstay will only matter if she stays 180 days or over past the time she is allowed. So, she is at what, 2 months overstay right now? She should leave immediately and she should have no problems coming back on F1.

So, don't make back up plans on misinformation.

Edited July 26, 2012 by Harpa Timsah

[Harsh_77 718]

At of the day final call would be yours but as most comments have been get married, is not the easiet thing as well.

First – just getting married to get a perm status is considered immigration fraud.

Second – you will also need to meet the financial requirements, being a student that can be challenge for some people.

As recommended in earlier post she needs to return immediately and apply for new F1, she might be questioned but most likely should not have major issues.