new wife overstayed visa

[gabmatt]

My wife and i married in october while she was here visiting on a tourist visa. she now is overstayed and we are unsure what is the best way to proceed. Would like advice on the fastest and least expensive way to get her to be legal here. does she need to return to colombia and do the documents or stay here and do the documents, remembering that while here she can not work legally. looking for some common sense answers, unlike "get a lawyer". thanks in advance for your responses.

[peace999]

*what is your visa status in US ?
* which month did she enter and when did her stay expire?
*What did she tell the officer her purpose when she entered on her visitor visa?
* did she know you and did she have marriage in mind when she entered US?

[ramz]

new wife overstayed visa

If she leaves she will not be able to enter the Us cos she over stayed her visa , since you guys are married better you file for AOS if your a US citizen that way she can be legal , strongly advice her not to leave cos she will never be able to enter the Us again. My opinion not legal advice.

[gabmatt]

*what is your visa status in US ?
* which month did she enter and when did her stay expire?
*What did she tell the officer her purpose when she entered on her visitor visa?
* did she know you and did she have marriage in mind when she entered US?

i am american citizen. she came here as tourist in september for a third visit in two years. during her arrival the border agent told her that she comes here too much and needed to leave within 30 days. of course she didnt. she arrived here september and we married 10th of october. her stay expired october 18th. she told the officer she was coming for vacation. we knew each other for two years and knew we would marry one day, byt it just happened, not planned, went to justice of peace only.
and which forms would we need to submit? very confusing this system of ours.

[marcovida77]

new wife overstayed visa

Hello it's fine and she is fine here even though she over stayed her visa. But you need to file concurrent petitions it does cost a-little but worth it in the end. But you need to do before 180 days after her visa expired. As long as you tell the uscis agent that it was a surprise wedding and not planned and she entered legally with the intent not to marry. It will be a easy process. Here's my email so if you have any questions just feel free to ask. [ [email protected]

[peace999]

gabmatt

married to a US ctizen, she can adjust status to green card in US. Even if she is out of status. But there is a potential issue that could lead to denial of her
green card. that is premeditated intent to marry when she entered as a visitor which is considered as visa fraud. And the time frame during which the marriage took place
(one month of entering as a visitor) certainly points to the fact she had premeditated intent.

I strongly recommend you go through a good immigration attorney filing her I-130 ( immigrant petition for alien spouse)+ I-485( adjustment of status to green card).

She can also take a safer route, leaving US before 180 days of her overstay.
And you can file an I-130 for her in US for the immigrant visa to be
processed at colombia.
( Once her overstay is 180 days to one year she will come under a 3 yr bar to enter US again).

[ramz]

new wife overstayed visa

I have same issue last year at the border , saying I travel to the Us one month gave me 30 days to leave in feb with I did cos I usually stay just 3 weeks all on my trips , and since my now husband works in my country we always come back to the Us for he's 3 weeks leave( Rotation) I don't know the extend of having a 2 years visa and can't travel as you like....we I'll left before my 30 day in feb and didn't come back to July cos I didn't want any questions and entering in July I was given 6 month to stay of course after a lot of question and we got married the next day wasn't planned didn't even want to file but my husband was to Nigeria for my country for work and decide to file we didn't know how to go about it just look up the forms only u didn't know about these forum but we filled what we could , my divorce papers was back in my country so what my hubby did was sighs all he's part in the form arrange everything and sent my divorce paper Wheb he got back to my country to me here in the Us my ex hubby had to also send my sons birth certificate from china to me before I sent the package to the USCIS office, I was hoping to get a RFF but got none, got my EAD/ AP. Last years still waiting on my interview which is next week I can't say what's gonna happen on that day but I pray for the best. What am trying to say is that if you had no intention of adjusting or getting married you can only do what you can I still suggest your wife doesn't leave the country since she over stay are 30 days already you can only do what you can and leave the rest for God. Good luck .