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Okay here's the situation. My girlfriend & i wanna get engaged.we met here in the us. After a year of being together but due to her being here on a expired student visa, she was told by the french consult in miami,fl that she will not be able to come back until 7 years. Now i wanted to know if she goes back to her home country which is guadeloupe is it possible for her to come back to the u.s., i was planning on making it official next month 10/31/2009 which is her birthday (big surprise) she doesn't know. But back to the problem. I'm an i was born here in the states and love her dearly. Could someone please help me??? Also she has two sons that were born here in the states also so how will that play out? She has a twin sister that's in the same situation. So i was wondering how can i go about this or would i have to seek legal help with this
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She overstayed a previous visa... you would have to I think seek some legal advice on how to get around that... however.
The K1 visa allows a US citizen to petition for his/her fiance to come to the US with the intention of getting married within 90 days, and also allows for the foreign fiance to bring his/her children with them.
It's definatley a possibility for you, that's just a high level summary for you.. if you look into a K1 visa on Google or here on the immihelp site, then you'll find more information.
The processing of said visa can take 6 - 8 months in total, but recently processing times seem have come down to around 5 or 6 months in total. -
Check the instructions for the Adjustment Of Status form I-485. If she can qualify for that then their is no need to send her home.
If she cant qualify for the I-485 then find a lawyer before you send your girlfriend home. If she is barred from the USA for 7 years then the K-1 VISA process will have to wait for the 7 years to expire.My Fiancee arrived here on a K-1 VISA.
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Well she was told that by the French consult not American consult. Thanks I was thinking about seeking a lawyer also for this because it's a really tough matter.Originally posted by Russell View PostComment
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Make sure you find a lawyer who is very experienced in immigration law. Many say they are, but don't do a good job. Your case is difficult and do-it-yourself isn't appropriate for you. She has accumulated overstay status since the day her visa ran out. Up to 180 days is (I think) a 3 year ban and longer than that is maybe 10 years. I'm not sure. BUT before deportation is started on her get some legal counsel. She doesn't have a ban yet, but could get one when they catch up with her. There are waivers that can be filed to accomplish various things. She should not leave the country until an immigration attorney advises you whether if you marry immediately something can be accomplished to allow her to stay. K1 visas have to wait out a ban, but sometimes waivers are granted and the visa is given. Do something immediately. Many law firms give free phone consultations. Check with several to decided who you think sounds most knowledgeable. The attorney doesn't have to be in your town. Google "immigration attorney" and you will find hundreds of websites, often with good information posted. Read, read, read and pick the ones that sound most knowledgeable for a phone consultation.Comment
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