Fiance overstay and green card process.

[Brandon442 2]

Hi,

 

My fiance is Ecuadorian and came to the US on a travel visa.  She was married to another person, but that ended in a horrible mess, none of which was her fault.  We will be married shortly.   My question is that since she is technically here illegally, by say 6 months, is there path once we are married to get her a permanent resident card?   If so, what are the steps and are there concerns surrounding her overstaying?   Thank you for any help you can provide. 

[Crazy Cat 43,324]

What do you mean by "technically here illegally"?  Are you a US citizen?  If you are a US citizen, you can take a look at the following guide:

 

 

Edited Tuesday at 05:20 PM by Crazy Cat

[Edward and Jaycel 1,260]

9 minutes ago, Brandon442 said:

came to the US on a travel visa.

 

Did you mean tourist visa? By technically here illegally by 6 months do you mean she overstayed her visa?

 

10 minutes ago, Brandon442 said:

is there path once we are married to get her a permanent resident card?

 

As long as she Entered the US legally (on that tourist(?) visa) then she can adjust status to LPR after you guys get married (assuming you are a US Citizen) and a visa overstay would be forgiven. Be advised that this will draw extra scrutiny from USCIS as she would have married you and filed for adjustment while being out of status.

[Crazy Cat 43,324]

@Brandon442, I know you have been investigating the CR-1 spousal visa.  That is probably not what you want.  If your fiance leaves the US after a 6 month overstay, she will get a 3 year ban from entering the US.  What most people, in her situation do after marriage, is a concurrent filing and adjustmentment of status....as listed in guide I posted earlier.

Edited Tuesday at 05:26 PM by Crazy Cat

[Brandon442 2]

Sorry, I should have stated I am a US citizen.  

[Brandon442 2]

19 minutes ago, Edward and Jaycel said:

 

Did you mean tourist visa? By technically here illegally by 6 months do you mean she overstayed her visa?

 

 

As long as she Entered the US legally (on that tourist(?) visa) then she can adjust status to LPR after you guys get married (assuming you are a US Citizen) and a visa overstay would be forgiven. Be advised that this will draw extra scrutiny from USCIS as she would have married you and filed for adjustment while being out of status.

 

Yes, she overstayed her travel visa and I am a US citizen.  This is my understanding that it will draw extra scrutiny for the reason you stated. 

[Edward and Jaycel 1,260]

6 minutes ago, Brandon442 said:

 

Yes, she overstayed her travel visa and I am a US citizen.  This is my understanding that it will draw extra scrutiny for the reason you stated. 

 

That being said, you should follow the suggestion from @Crazy Cat above and file for adjustment of status from here in the US after you get married. File the I-130, I-130a, I-485 (Adjustment to Lawful Permanent Resident), I-765 (Employment Authorization - OPTIONAL but highly recommended), I-131 (Travel Authorization (Advanced Parole) - OPTIONAL but I would not spend the money because if I were her I would not travel on Advanced Parole in her situation). You would file all of them in the same envelope (Concurrent filing)

Edited Tuesday at 05:48 PM by Edward and Jaycel

[OldUser 8,784]

~ Topic was moved to Bringing Family Members of US Citizens to America because OP is a US citizen ~

[.yana 603]

 

Your scenario is quite common, do not fret.

 

I came here on a tourist visa in 2009, changed status to F1 but didn't maintain it & was out of status for over 5 years. 

Had one horrible marriage very early on that also ended in disaster but then remarried years later and filed for AOS. Now a citizen.

[Brandon442 2]

1 hour ago, .yana said:

 

Your scenario is quite common, do not fret.

 

I came here on a tourist visa in 2009, changed status to F1 but didn't maintain it & was out of status for over 5 years. 

Had one horrible marriage very early on that also ended in disaster but then remarried years later and filed for AOS. Now a citizen.

That is exactly her situation.  She trusted a man, unfortunately, arrived in the US, started the process of adjusting status with a lawyer to find the man she married hadn't filed taxes in at least 5 years, probably more like 15.   That amongst other things made her get a divorce not long after.  Its very unfortunate that people use other people in this situation knowing they can't complete the process. 

[Crazy Cat 43,324]

37 minutes ago, Brandon442 said:

That is exactly her situation.  She trusted a man, unfortunately, arrived in the US, started the process of adjusting status with a lawyer to find the man she married hadn't filed taxes in at least 5 years, probably more like 15.   That amongst other things made her get a divorce not long after.  Its very unfortunate that people use other people in this situation knowing they can't complete the process. 

So, she's been in the US for about a year (overstay of 6 months after a 6 month visa stay)? Is her divorce final?  I see heavy scrutiny coming after 2 quick marriages and 2 quick applications for a Green card.  

Edited Tuesday at 08:59 PM by Crazy Cat

[Dashinka 25,308]

13 hours ago, Crazy Cat said:

So, she's been in the US for about a year (overstay of 6 months after a 6 month visa stay)? Is her divorce final?  I see heavy scrutiny coming after 2 quick marriages and 2 quick applications for a Green card.  

I agree.  Seems a lot of immigration related events in a relatively short period of time.

 

To the OP, are you certain she entered the US on a B2 rather than a K1?  This makes a big difference on whether she can AOS through you.

[Neonred 3,841]

23 minutes ago, Dashinka said:

I agree.  Seems a lot of immigration related events in a relatively short period of time.

 

To the OP, are you certain she entered the US on a B2 rather than a K1?  This makes a big difference on whether she can AOS through you.

If they guy she 1st married has not filed taxes in over 5 years it was not likely a K1.

[Dashinka 25,308]

11 minutes ago, Neonred said:

If they guy she 1st married has not filed taxes in over 5 years it was not likely a K1.

Fair point.