adjustment of status following tourist visa overstay and long-distance relationship?

[rbas238]

My girlfriend and i started a long distance relationship about 4 years ago. I am a US citizen and she is a foreign national. We met when i visited her country for the first time 4 years ago. After her coming to see me in the US 6-7 times on a tourist visa the first two years of our relationship, she then decided to stay with me on her last trip and has overstayed her tourist visa by 1.5 years. If we were to get married, what are the chances she can successfully obtain an adjustment of status and a green card? I understand there are certain pitfalls when a tourist visa is involved because of the potential this can be viewed as visa fraud by government officials. The intention upon her entering the US the last time was not marriage, but how can you possibly prove intent?

[krypton9591]

My girlfriend and i started a long distance relationship about 4 years ago. I am a US citizen and she is a foreign national. We met when i visited her country for the first time 4 years ago. After her coming to see me in the US 6-7 times on a tourist visa the first two years of our relationship, she then decided to stay with me on her last trip and has overstayed her tourist visa by 1.5 years. If we were to get married, what are the chances she can successfully obtain an adjustment of status and a green card? I understand there are certain pitfalls when a tourist visa is involved because of the potential this can be viewed as visa fraud by government officials. The intention upon her entering the US the last time was not marriage, but how can you possibly prove intent?

If she marries a US Citizen then she can stay as long as her AOS in pending, however if she leaves she will trigger a 5/10 year ban from the US due to her overstaying her visa. but that is if she leaves, if you marry and immediately file then you won't have any issues

[rbas238]

If she marries a US Citizen then she can stay as long as her AOS in pending, however if she leaves she will trigger a 5/10 year ban from the US due to her overstaying her visa. but that is if she leaves, if you marry and immediately file then you won't have any issues

but since she and I were already in a relationship, can't she be accused of intending to stay in the US upon her last entry (two years ago) in order to eventually marry me... i.e. what may be considered visa fraud?

Thank you.

[azblk]

but since she and i were already in a relationship, can't she be accused of intending to stay in the us upon her last entry (two years ago) in order to eventually marry me... I.e. What may be considered visa fraud?

Thank you.

no and it is irrelevant even if she is. The spouse of a US citizen can not be denied AOS because of preconceived intent.

[kaylip]

but since she and I were already in a relationship, can't she be accused of intending to stay in the US upon her last entry (two years ago) in order to eventually marry me... i.e. what may be considered visa fraud?

Thank you.

I got married on a tourist visa while I was legal but when we filed I was on the 8th month of overstay. We had known each other for 6 years and even took evidence of our correspondence from 2011. The officer didn't ask any questions about my status or anything. He just asked a few simple questions on who's the better cook to where we last vacationed. That was it and he then handed us the "recommended for approval" letter. Don't worry. Just get married ASAP and adjust status because ICE is very active right now.
Good luck.