Is overstayed visa marriage possible if they would rather return to their country first?
Her Georgia DL expires next week. We have been dating almost 3 years. She is from Colombia and has overstayed her student visa by 4 years. I can either marry her here and she can get a "Green Card" in about 4-6 months OR I can let her return to her country to see her family and come and get her when I am ready. If I do that, how long will it take before she can return to the U.S.? What about a Fiance Visa? Does the fact that she overstayed ruin her chances of return to the US? Would I have to marry her in her country first? It is just bad timing to marry her now in the U.S.
Immigration - 4 Answers
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1 :
If immigration officials discover she has overstayed her visa, she will be in a boatload of trouble and may be denied re-entry to the country.
2 :
If marrying her in Colombia fits into your plans better than anything else, nothing bad will happen to you. Obviously, her overstay isn't going to look good, but your petition will still be approved. They are adjudicated "unconditionally." F, G, J, A, and I nonimmigrants are usually admitted to the United States for a period known as "duration of status," indicated by the notation "D/S" on their Form I-94, rather than a specific expiration date. For those with a "D/S" I-94, there is no I-94 date to stay beyond. A stay beyond the date listed on Form I-20 ID or Form DS-2019 (and any applicable grace period), although considered a violation of status, is not considered to be an overstay for purposes of inadmissibility. A nonimmigrant admitted for D/S will be considered an overstay only if: 1. An immigration judge finds in the course of removal proceedings that the individual has violated status, resulting in the termination of the alien's period of authorized stay; or 2. USCIS (and now presumably DHS) determines in the course of adjudicating an application for an immigration benefit that there has been a status violation, which results in the termination of the alien's period of authorized stay. If she returns to Colombia before either of those two things happen, she'll be safe. EDIT: The ten-year bar referred to by Yak Rider will not apply to her as she was admitted D/S.
3 :
no matter if you marry her here or not she still must return to here home country an be petitioned by you an plan on 1-2 years an a good lawyer where she overstayed her visa
4 :
Listen, you need to marry her HERE. Do a concurrent filing here. She'll have her travel permit in about 90 days. Once she gets that she can visit Colombia with you and return without problems. If she goes back to Colombia she's subject to a 10 year bar on returning. You'll need an attorney and about $5,000 to get a waiver for her in order to get her back to the USA. 1. Get married. 2. You file I-130, I-864 and G-325A. 3, She files I-485, I-131, I-765 and G-325A File the forms all at the same time, in the same envelope. Cost to file is $1,365.
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