Need help and guidance with a solution to an overstay.

[Behelit 0]

I am posting this on behalf of my girlfriend who is an immigrant currently here in the US on an overstay of a tourist visa. She originally came here last year with her ex-boyfriend from Greece. They were together when they came here. The visa began in May 2015 and expired in August 2015. However, he had her things and proceeded to marry an American girl (mexican-American) specifically to get himself papers while he was here. He still was with her while he did this, and eventually became abusive and broke up with her, calling her out and claiming that she was a threat to his marriage, threatening to deport her among other things. I'm pretty sure he was physically abusive as well, as in hitting her. I met her shortly after this, and I asked her out over Christmas. I met her through a friend of mine in person, and I initiated the contact so she is not in this country trying to seek out a man to marry for papers.

I am an officer in the US military. I have reported her to my chain of command but just found out recently that the visa was on an overstay. She showed me her passport while I was with her in Chicago for Christmas, and it is still valid, but I did not know at the time I reported it to my chain of command and security officer. Now that I do know I am going about it logically to report it with the intent to sponsor her to stay here with me. I need help with this real bad because I know there is a valid way to do this without her having to be sent to Greece.

This girl does not know how to drive and her english isn't that great, we speak in both Greek and English together. I've already listened to a bunch of naysayers tell me I will have my security clearance revoked if I marry her in her illegal status. I don't doubt them, but if I report her now as an update that I want to sponsor her while she is here, not working or anything, just living with me, would this be a problem?

I love this girl very much and I want her to marry me. She means a lot to me, but I cannot provide for her and myself without my career. So I must keep both. I cannot risk having the security clearance revoked because I would not be able to do even the most basic and menial jobs in the military if so. There are plenty of US servicemen/women who have foreign spouses/girlfriends, but the problem is that mine is on an overstay status, and I don't want to lose her. She entered this country legally, but as you can see by my description, she was abused and controlled by this psychotic ex-boyfriend whose activities are more than likely illicit with regards to withholding her visa from her and forcing her to stay past the expiration date. She is not the smartest girl I've met, but so sweet and kind and caring, a simple soul and that is part of what attracts me to her the most, she has a big heart.

Please help me if anyone here has any ideas on what I can do at this point. I'm going to speak to the investigative branch of my service soon and update them with her visa overstay status and see if we can reach out to immigration for me to sponsor her to stay here so that I do not have any repercussions sent back against me later on.

Thank you

[Georgia16 2,858]

They only way is for you to marry her. So it is your choice what to do.

[aaron2020 11,651]

The only way for her to stay is for you to marry her and file to adjust her status. There is nothing you can do to help her without marrying her.

[Behelit 0]

What about an overstay forgiveness for the abuse she received? I was told this was possible today by an immigration lawyer

[AMZJ 61]

I don't know about the other things but I do know if you get married she can adjust status with out going back, but I don't know anything about it. I really suggest getting a good lawyer. I also know if she overstayed she will probably get a ban if she exits the US and it'll be really hard to get her back there. I can't offer anymore advice because I don't know anything else about it.

Edited February 5, 2016 by AMZJ

[Georgia16 2,858]

What about an overstay forgiveness for the abuse she received? I was told this was possible today by an immigration lawyer

What real proof does she have?

[aaron2020 11,651]

Once she is married to a USC, she can legally stay while AOS is processing. The overstay will be forgiven.

Don't know about how the military views this.

What real proof does she have?

Don't need proof. Overstay is forgiven when she adjust based in marriage to a USC.

What real proof does she have?

Don't need proof. Overstay is forgiven when she adjust based in marriage to a USC.

[Georgia16 2,858]

Once she is married to a USC, she can legally stay while AOS is processing. The overstay will be forgiven.

Don't know about how the military views this.

Don't need proof. Overstay is forgiven when she adjust based in marriage to a USC.

Don't need proof. Overstay is forgiven when she adjust based in marriage to a USC.

I'm talking proff of abuse I know they other rule.

OP said a lawyer said she could stay do to abuse and I was asking what proof of abuse there were.

[Anh map 2,098]

Abuse by an alien boyfriend, how is that relevant to immigration? They arrived on tourist visas. Neither one had status.

OP, marry the girl and adjust status. She does not have any other options.

[Georgia16 2,858]

Abuse by an alien boyfriend, how is that relevant to immigration? They arrived on tourist visas. Neither one had status.

OP, marry the girl and adjust status. She does not have any other options.

I know that! But he was told that by a lawyer and was just trying to help op understand that the only way id for him to marry her.

[aleful 1,905]

hi

she doesn't qualify for the visa U, I'm assuming that's what the lawyer was suggesting

for the visa U, she should have reported him to the police, and have the police involved, because the police or judge in the case has to fill out a form stating how she helped them get him arrested and in prison or deported

plus having a ton of proof of the abuse

there is no problem in marrying her and filing for adjustment of status, as said overstay is forgiven

Edited February 6, 2016 by aleful

[NigeriaorBust 4,087]

You have already protected your security clearance by reporting your relationship. You are not saying what level or if SAP is involved but you should be OK to marry her if the relationship is real ( not just to get her status ) They may reinvestigate on her background but being married in a foreigner has no automatic affect on your job.

[Georgia16 2,858]

You have already protected your security clearance by reporting your relationship. You are not saying what level or if SAP is involved but you should be OK to marry her if the relationship is real ( not just to get her status ) They may reinvestigate on her background but being married in a foreigner has no automatic affect on your job.

But he can loose his high security level by marrying a foreigner, I don't know how high he has and if it is needed for the job.

[NikLR 13,227]

~~moved to military discussion from IR1/CR1 process and procedures. OP is worried about military security clearance and would seek AOS not a CR1 visa~~

I really dont think your security clearance isnt going to be affected by marrying a woman from Greece. Even if you had top security, you cant discuss anything security related with your spouse or friends so the point is moot IMHO. My husband used to think what you thought, but he's married to me and yet work for the FAA as an ATSS.

Marry the girl if you want to and adjust status. Do you love her or not?

[Behelit 0]

The issue was that because I'm in military aviation, certain jets have classified features/equipment on them, and it makes being married to a foreigner a greater strain on the status of that clearance. It's the same for most countries I'd assume, but here in the U.S. the government can be really paranoid sometimes.

She's just a simple girl from Greece, her english is kind of bad, and she doesn't even know how to drive a car, never had a father, and somehow me being married to her is a cause for alarm? I had to listen to my superior officers tell me until they were blue in the face that marrying her right away is not a good idea. So I listened. She will come live with me as my girlfriend in the meantime, and I will marry her after the training.

It was heavily implied that my security clearance would be withdrawn the moment I married her and that it would get me suspended from flight school training status, where they would review it and most 'likely' revoke it, causing me to lose my job.

I need the job to pay for my life and for hers lol, so I have to find a way to keep the security clearance and marry her.

NLR you're right, but do you know any specifics about being a DoD employee in this circumstance?