Marrying someone with an expired visa

[Yorik 1]

My girlfriend came here from China a while back with a temporary visa as part of a school program. She never went back and her visa has since expired. We're trying to find the easiest way to go about getting her back to where she can legally live and work here again. We're planning on getting married but we don't know when yet (she wants to do it sooner than later.) What is the fastest and easiest process for getting to the point where she can work and stay here? Is getting married actually faster and easier than doing it without getting married, or is it really the same thing?

[dwheels76 5,469]

She has overstayed which is a ban. Only way forgiven is marrrying a US citizen. She can not leave the country at all. You need to read this. She will not be able to work until you file. Usually her EAD will come within 90days usually.

http://www.visajourney.com/content/i130guide2

[Darnell 8,479]

concur with post #2. However, if she holds a j-1 visa in her passport, you'd best read it (the visa stamp in her passport) and tell us of the endorsements printed IN that visa.

[dwheels76 5,469]

concur with post #2. However, if she holds a j-1 visa in her passport, you'd best read it (the visa stamp in her passport) and tell us of the endorsements printed IN that visa.

Dang the two year rule. Just thought of that. Good looking out dear.

[Darnell 8,479]

ya ya, Debs, make me a sammitch

----

yorik -> 'doing it without getting married' only means a k-1 visa path. she'd have to leave the country , return to china, before the interview. Plus she'd have to file a waiver request for the overstay. Expect 2 to 3 years of waiting time, from I-129F submittal to Visa Issuance in Guangzhou. I don't recommend this path, at all.

Edited January 6, 2014 by Darnell

[dwheels76 5,469]

ya ya, Debs, make me a sammitch

Me you Pho I have a car now. hehe

[bigdog 376]

Looks like you got excellent advice from Darnell.

[Yorik 1]

She has overstayed which is a ban. Only way forgiven is marrrying a US citizen. She can not leave the country at all. You need to read this. She will not be able to work until you file. Usually her EAD will come within 90days usually.

http://www.visajourney.com/content/i130guide2

It says if you don't qualify to file the form you can be deported, which scares me. How do you know if you are qualified? It also appears to say that either way she'll have to go back to China to do it... Does she really have to go back to China to start this process? I thought if she went back she wouldn't be able to come here again.

It looks like the process has many steps - does it take a really long time to get everything through? Do they tend to make it difficult for people trying to file?

Edited January 6, 2014 by Yorik

[Yorik 1]

I forgot a few other questions... What are we looking at as far as getting her drivers' license or enrolling in college? When would she be able to do this? I imagine the EAD isn't helpful for that, right?

[Darnell 8,479]

first off - tell us what visa she has in her passport. if'n you do that, we can help you more.

Nota.Bene.: The warning notice in Guide2 is meant to scare you, the petitioner, on purpose !!!!

However, knowing which visa she used to enter the USA, we can guide you a bit for the route or routes that will work for her.

your q's - EAD? Can get a drivers license , SSN, and work

Greencard? Can go to university, qualify for financial aid via fafsa.gov

Edited January 7, 2014 by Darnell

[Darnell 8,479]

It says if you don't qualify to file the form you can be deported, which scares me.

1. How do you know if you are qualified?

2. It also appears to say that either way she'll have to go back to China to do it...

3. Does she really have to go back to China to start this process? I thought if she went back she wouldn't be able to come here again.

It looks like the process has many steps -

4. does it take a really long time to get everything through? Do they tend to make it difficult for people trying to file?

1. As long as it's not a j-1 visa with a home residency requirement (HRR) in it,she's ok to marry you and the two of you file the big AOS set.

2. Then you are too stressed out, as Guide2 doesn't say that's part of process for 'in the USA Adjusting Status' leading to a green card.

3. Mostly no, but it really depends on the visa type and the endorsement printed in visa.

4. Sometimes. However, EAD comes in 80 to 120 days after filing the big AOS set, which is a boon for her. As to difficult - hey - this ain't a 1 page form you can fill in with green crayon...

[Yorik 1]

As to difficult - hey - this ain't a 1 page form you can fill in with green crayon...

Thanks for the heads up. I want to keep it looking professional, after all. I'll make sure to use only black crayons.

Edited January 7, 2014 by Yorik

[Darnell 8,479]

hey - can waste 5 more minutes, and answer MY questions ?

[Yorik 1]

hey - can waste 5 more minutes, and answer MY questions ?

Sorry, I didn't mean to waste your time. I don't know what's on the passport because she's not with me right now and I don't have it. I'll have to come back with it at a later time.

[Darnell 8,479]

ok - fair enough. I'll check in again ming tian, ni can e can... Relax a bit, though, as I think she has a path to remain in the USA, file the big AOS set, with no need to leave the USA.

Still, her visa type, used to enter the USA, makes a huge difference.

Edited January 7, 2014 by Darnell