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How to keep my foreign girlfriend in the US

How to keep my foreign girlfriend in the US

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Old Oct 16th 2002, 6:15 pm
  #1  
Brian
Guest
 
Posts: n/a
Default How to keep my foreign girlfriend in the US

My foreign girlfriend and her daughter(from Malaysia) is currently on
a tourist visa here in the US which will be expiring soon. I wish to
know what can be done....she has sent an application to the INS for an
extension of stay which we are yet to receive a reply. We intend to
get married as soon as her divorce is finalised which is on the 10th
November 2002. Unfortunately her visa of stay expires on the 4th
November 2002. Is it advisable to go see an Immigration Officer and
inform them that we intent to get married or will that jeopardise her
extension of stay here? Please advise me on the best way possible to
handle this situation. I have read up the immigration websites which
says that if she returns to her country of origin it will take between
6-12 months for the application of finace visa to be issued. I really
would like to get this done without her having to return to her
country of origin since she is already here in the US with me for the
past 6 months. Hoping to hear from you soon.
Thank you
Brian
 
Old Oct 16th 2002, 8:23 pm
  #2  
Jk
Guest
 
Posts: n/a
Default Re: How to keep my foreign girlfriend in the US

I think I've read in this newsgroup that it's OK to be "out of status"
(i.e., overstay one's visa) if you wind up marrying a citizen. I would
think that it's especially ok if it's only a few days.

I suggest you retain a lawyer and ask her/him, since you'll probably need
one anyway for your marriage-based immigration paperwork.

--

- John


"Brian" wrote in message
news:5a72e652.0210161015-
[email protected]
...
    > My foreign girlfriend and her daughter(from Malaysia) is currently on
    > a tourist visa here in the US which will be expiring soon. ....
 
Old Oct 17th 2002, 12:05 am
  #3  
Bill
Guest
 
Posts: n/a
Default Re: How to keep my foreign girlfriend in the US

If she can't or won't be able to renew the tourist visa, have her stay. I
tried to do the right thing. My wife and I married and because her tourist
visa was about to expire, she went home. I have submitted the I-130 and
associated paperwork but post-9/11 processing time is between 500-600 days,
not 6-10 months. Hind sight being 20/20 we would have renewed the tourist
visa giving her a 10 year, multi-entry ability and then marry, and submit
the I-130. Now, I must travel to see her and it's expensive to do every few
months. She can't get a tourist visa because of the immigration paperwork
already submitted. I've talked to INS folks and an immigration lawyer, both
say we must wait. This is hell on both of us.

Bill


"JK" wrote in message
news:ZUjr9.53316$gr6.51285@rwcrnsc5-
3
...
    > I think I've read in this newsgroup that it's OK to be "out of status"
    > (i.e., overstay one's visa) if you wind up marrying a citizen. I would
    > think that it's especially ok if it's only a few days.
    > I suggest you retain a lawyer and ask her/him, since you'll probably need
    > one anyway for your marriage-based immigration paperwork.
    > --
    > - John
    > "Brian" wrote in message
    > news:5a72e652.02101610-
    > [email protected]
    ...
    > > My foreign girlfriend and her daughter(from Malaysia) is currently on
    > > a tourist visa here in the US which will be expiring soon. ....
 
Old Oct 17th 2002, 4:42 pm
  #4  
Just Joined
 
MARRIAGEHELP's Avatar
 
Joined: Sep 2002
Location: UK
Posts: 10
MARRIAGEHELP is an unknown quantity at this point
Default Re: How to keep my foreign girlfriend in the US

Originally posted by Bill:
If she can't or won't be able to renew the tourist visa, have her stay. I
tried to do the right thing. My wife and I married and because her tourist
visa was about to expire, she went home. I have submitted the I-130 and
associated paperwork but post-9/11 processing time is between 500-600 days,
not 6-10 months. Hind sight being 20/20 we would have renewed the tourist
visa giving her a 10 year, multi-entry ability and then marry, and submit
the I-130. Now, I must travel to see her and it's expensive to do every few
months. She can't get a tourist visa because of the immigration paperwork
already submitted. I've talked to INS folks and an immigration lawyer, both
say we must wait. This is hell on both of us.

Bill


"JK" wrote in message
news:ZUjr9.53316$gr6.51285@rwcrnsc5-
3
...
    > I think I've read in this newsgroup that it's OK to be "out of status"
    > (i.e., overstay one's visa) if you wind up marrying a citizen. I would
    > think that it's especially ok if it's only a few days.
    > I suggest you retain a lawyer and ask her/him, since you'll probably need
    > one anyway for your marriage-based immigration paperwork.
    > --
    > - John
    > "Brian" wrote in message
    > news:5a72e652.02101610-
    >
[email protected]    ...
    > > My foreign girlfriend and her daughter(from Malaysia) is currently on
    > > a tourist visa here in the US which will be expiring soon. ....
HELLO BILL
Im feeling so sorry for you right now as I relate to your position. I am hating being away from my partner too. I wonder if, through your own experiences, you might be able to assist me.
I want to marry my boyfriend and move to US to live with him there. I am a Brit and he a USC. He cant move to UK because he has a previous conviction from his youth which prevents his acceptance here. How best are we to achieve being together right from the moment of marriage? I have 3 small children from previous relationship who will need to accompany me. My kids and I visit him again soon on tourist visas. Your advice would be appreciated. Thanks. You could e-mail me on [email protected] if you like. Thanks.
MARRIAGEHELP is offline  
Old Oct 18th 2002, 6:50 am
  #5  
Bill
Guest
 
Posts: n/a
Default Re: How to keep my foreign girlfriend in the US

I don't know the best way. I was just saying what my wife and I should have
done in our situation. With you being the 'foreigner', I think that it
would be easier for you to obtain residency in the U.S. once you are here.
What complicates your situation is the additional children. I don't know
how that affects things. With the number of people getting residency from
countries such as Mexico, Somalia, and Haiti, I wouldn't think that Canada
would be a problem but who knows. The U.S. government doesn't seem to have
any logic to its workings.

"MARRIAGEHELP" wrote in message
news:446770.1034872941@britishexpats-
.com
...
    > Originally posted by Bill:
    > > If she can't or won't be able to renew the tourist visa, have her
    > > stay. I
    > > tried to do the right thing. My wife and I married and because
    > > her tourist
    > > visa was about to expire, she went home. I have submitted the
    > > I-130 and
    > > associated paperwork but post-9/11 processing time is between
    > > 500-600 days,
    > > not 6-10 months. Hind sight being 20/20 we would have renewed
    > > the tourist
    > > visa giving her a 10 year, multi-entry ability and then marry,
    > > and submit
    > > the I-130. Now, I must travel to see her and it's expensive to do
    > > every few
    > > months. She can't get a tourist visa because of the immigration
    > > paperwork
    > > already submitted. I've talked to INS folks and an immigration
    > > lawyer, both
    > > say we must wait. This is hell on both of us.
    > >
    > > Bill
    > >
    > >
    > > "JK" wrote in message
    > > news:ZUjr9.53316$gr6.51285@rwcrnsc53-
    > >
    "]news:ZUjr9.53316$gr6.5128-
    > > 5@rwcrnsc5-
    > > 3[/url]...
    > > > I think I've read in this newsgroup that it's OK to be "out of
    > > status"
    > > > (i.e., overstay one's visa) if you wind up marrying a citizen.
    > > I would
    > > > think that it's especially ok if it's only a few days.
    > > > I suggest you retain a lawyer and ask her/him, since you'll
    > > probably need
    > > > one anyway for your marriage-based immigration paperwork.
    > > > --
    > > > - John
    > > > "Brian" wrote in message
    > > > news:5a72e652.02-
    > > > [email protected]
    "]new-
    > > s:5a72e652.02101610-
    > > > [email protected][/url]...
    > > > > My foreign girlfriend and her daughter(from Malaysia) is
    > > currently on
    > > > > a tourist visa here in the US which will be expiring soon.
    > > ....
    > >
    > HELLO BILL
    > Im feeling so sorry for you right now as I relate to your position. I
    > am hating being away from my partner too. I wonder if, through your own
    > experiences, you might be able to assist me.
    > I want to marry my boyfriend and move to US to live with him there. I
    > am a Brit and he a USC. He cant move to UK because he has a previous
    > conviction from his youth which prevents his acceptance here. How best
    > are we to achieve being together right from the moment of marriage? I
    > have 3 small children from previous relationship who will need to
    > accompany me. My kids and I visit him again soon on tourist visas. Your
    > advice would be appreciated. Thanks. You could e-mail me on
    > [email protected] if you like. Thanks.
    > --
 
Old Oct 20th 2002, 12:08 am
  #6  
Brian
Guest
 
Posts: n/a
Default Re: How to keep my foreign girlfriend in the US

Bil,
Thank you for the reply. My girlfriend and daughter has a tourist visa
valid till year 2011, but her I-94 (entry form) is valid and stamped
till the 4th November 2002. She entered the country in May 2002 and
the immigration stamped her passport for 6 months. Due to her divorce
proceedings being conducted in Australia she only manage to get it
finalised on the 10th November 2002. As time grew nearer we checked
out various websites and learnt that we could apply for an extension,
45 days before date of expiry on I-94. We submitted the extension
application on the 9th September and received a receipt of
notification of fees received. It's been more then a month now and we
are yet to receive any news from the INS and the last information was
given to us when we call the customer service that it is in process.

The worry on my part is we dont want to go against any illegal
procedures which will jeopardise and make them deport her back. I most
definitely agree with you that it would also be a living hell for her
to leave. We are trying all avenues to get some information on what we
can do. To hire a immigration lawyer is way too much for our budget
right now.

With the information I gave you above is there anything that you could
advise me on or if you do know of anyone who could be of assistance to
me, please let me know.

Thank you.

Brian


"Bill" wrote in message news:...
    > I don't know the best way. I was just saying what my wife and I should have
    > done in our situation. With you being the 'foreigner', I think that it
    > would be easier for you to obtain residency in the U.S. once you are here.
    > What complicates your situation is the additional children. I don't know
    > how that affects things. With the number of people getting residency from
    > countries such as Mexico, Somalia, and Haiti, I wouldn't think that Canada
    > would be a problem but who knows. The U.S. government doesn't seem to have
    > any logic to its workings.
    > "MARRIAGEHELP" wrote in message
    > news:446770.1034872941@britishexpa-
    > ts.com
    ...
    > >
    > > Originally posted by Bill:
    > > > If she can't or won't be able to renew the tourist visa, have her
    > > > stay. I
    > > > tried to do the right thing. My wife and I married and because
    > > > her tourist
    > > > visa was about to expire, she went home. I have submitted the
    > > > I-130 and
    > > > associated paperwork but post-9/11 processing time is between
    > > > 500-600 days,
    > > > not 6-10 months. Hind sight being 20/20 we would have renewed
    > > > the tourist
    > > > visa giving her a 10 year, multi-entry ability and then marry,
    > > > and submit
    > > > the I-130. Now, I must travel to see her and it's expensive to do
    > > > every few
    > > > months. She can't get a tourist visa because of the immigration
    > > > paperwork
    > > > already submitted. I've talked to INS folks and an immigration
    > > > lawyer, both
    > > > say we must wait. This is hell on both of us.
    > > >
    > > > Bill
    > > >
    > > >
    > > > "JK" wrote in message
    > > > news:ZUjr9.53316$gr6.51285@rwcrnsc-
    > > > 53
    "]news:ZUjr9.53316$gr6.5128-
    > > > 5@rwcrnsc5-
    > > > 3[/url]...
    > > > > I think I've read in this newsgroup that it's OK to be "out of
    > status"
    > > > > (i.e., overstay one's visa) if you wind up marrying a citizen.
    > I would
    > > > > think that it's especially ok if it's only a few days.
    > > > > I suggest you retain a lawyer and ask her/him, since you'll
    > probably need
    > > > > one anyway for your marriage-based immigration paperwork.
    > > > > --
    > > > > - John
    > > > > "Brian" wrote in message
    > > > > news:5a72e652.-
    > > > > [email protected]
    "]new-
    > s:5a72e652.02101610-
    > > > > [email protected][/url]...
    > > > > > My foreign girlfriend and her daughter(from Malaysia) is
    > currently on
    > > > > > a tourist visa here in the US which will be expiring soon.
    > > > ....
    > > >
    > > HELLO BILL
    > > Im feeling so sorry for you right now as I relate to your position. I
    > > am hating being away from my partner too. I wonder if, through your own
    > > experiences, you might be able to assist me.
    > > I want to marry my boyfriend and move to US to live with him there. I
    > > am a Brit and he a USC. He cant move to UK because he has a previous
    > > conviction from his youth which prevents his acceptance here. How best
    > > are we to achieve being together right from the moment of marriage? I
    > > have 3 small children from previous relationship who will need to
    > > accompany me. My kids and I visit him again soon on tourist visas. Your
    > > advice would be appreciated. Thanks. You could e-mail me on
    > > [email protected] if you like. Thanks.
    > >
    > > --
    > >
    > >
 
Old Oct 20th 2002, 5:54 am
  #7  
Bill
Guest
 
Posts: n/a
Default Re: How to keep my foreign girlfriend in the US

Sorry. I'm no lawyer or expert. I don't know what to tell you is the right
thing to do. I only know that post-9/11 INS is very slow in proceedings.
Patience seems to be the only avenue. There's quite a few folks going
through simular circumstances but I haven't talked to anyone that has
'cracked the code' yet.

Bill

"Brian" wrote in message
news:5a72e652.0210191608-
[email protected]
...
    > Bil,
    > Thank you for the reply. My girlfriend and daughter has a tourist visa
    > valid till year 2011, but her I-94 (entry form) is valid and stamped
    > till the 4th November 2002. She entered the country in May 2002 and
    > the immigration stamped her passport for 6 months. Due to her divorce
    > proceedings being conducted in Australia she only manage to get it
    > finalised on the 10th November 2002. As time grew nearer we checked
    > out various websites and learnt that we could apply for an extension,
    > 45 days before date of expiry on I-94. We submitted the extension
    > application on the 9th September and received a receipt of
    > notification of fees received. It's been more then a month now and we
    > are yet to receive any news from the INS and the last information was
    > given to us when we call the customer service that it is in process.
    > The worry on my part is we dont want to go against any illegal
    > procedures which will jeopardise and make them deport her back. I most
    > definitely agree with you that it would also be a living hell for her
    > to leave. We are trying all avenues to get some information on what we
    > can do. To hire a immigration lawyer is way too much for our budget
    > right now.
    > With the information I gave you above is there anything that you could
    > advise me on or if you do know of anyone who could be of assistance to
    > me, please let me know.
    > Thank you.
    > Brian
    > "Bill" wrote in message
news:...
    > > I don't know the best way. I was just saying what my wife and I should
have
    > > done in our situation. With you being the 'foreigner', I think that it
    > > would be easier for you to obtain residency in the U.S. once you are
here.
    > > What complicates your situation is the additional children. I don't
know
    > > how that affects things. With the number of people getting residency
from
    > > countries such as Mexico, Somalia, and Haiti, I wouldn't think that
Canada
    > > would be a problem but who knows. The U.S. government doesn't seem to
have
    > > any logic to its workings.
    > >
    > > "MARRIAGEHELP" wrote in message
    > > news:446770.1034872941@britishex-
    > > pats.com
    ...
    > > >
    > > > Originally posted by Bill:
    > > > > If she can't or won't be able to renew the tourist visa, have her
    > > > > stay. I
    > > > > tried to do the right thing. My wife and I married and because
    > > > > her tourist
    > > > > visa was about to expire, she went home. I have submitted the
    > > > > I-130 and
    > > > > associated paperwork but post-9/11 processing time is between
    > > > > 500-600 days,
    > > > > not 6-10 months. Hind sight being 20/20 we would have renewed
    > > > > the tourist
    > > > > visa giving her a 10 year, multi-entry ability and then marry,
    > > > > and submit
    > > > > the I-130. Now, I must travel to see her and it's expensive to do
    > > > > every few
    > > > > months. She can't get a tourist visa because of the immigration
    > > > > paperwork
    > > > > already submitted. I've talked to INS folks and an immigration
    > > > > lawyer, both
    > > > > say we must wait. This is hell on both of us.
    > > > >
    > > > > Bill
    > > > >
    > > > >
    > > > > "JK" wrote in message
    > > > > news:ZUjr9.53316$gr6.51285@rwcrn-
    > > > > sc53
    "]news:ZUjr9.53316$gr6.5128-[/ur-
    > > > > l]
    > > > > 5@rwcrnsc5-
    > > > > 3
    ...
    > > > > > I think I've read in this newsgroup that it's OK to be "out of
    > > status"
    > > > > > (i.e., overstay one's visa) if you wind up marrying a citizen.
    > > I would
    > > > > > think that it's especially ok if it's only a few days.
    > > > > > I suggest you retain a lawyer and ask her/him, since you'll
    > > probably need
    > > > > > one anyway for your marriage-based immigration paperwork.
    > > > > > --
    > > > > > - John
    > > > > > "Brian" wrote in message
    > > > > > news:5a72e65-
    > > > > > [email protected]
    "]new-
    > > s:5a72e652.02101610-
    > > > > > [email protected][/url]...
    > > > > > > My foreign girlfriend and her daughter(from Malaysia) is
    > > currently on
    > > > > > > a tourist visa here in the US which will be expiring soon.
    > > > > ....
    > > > >
    > > > HELLO BILL
    > > > Im feeling so sorry for you right now as I relate to your position. I
    > > > am hating being away from my partner too. I wonder if, through your
own
    > > > experiences, you might be able to assist me.
    > > > I want to marry my boyfriend and move to US to live with him there. I
    > > > am a Brit and he a USC. He cant move to UK because he has a previous
    > > > conviction from his youth which prevents his acceptance here. How
best
    > > > are we to achieve being together right from the moment of marriage? I
    > > > have 3 small children from previous relationship who will need to
    > > > accompany me. My kids and I visit him again soon on tourist visas.
Your
    > > > advice would be appreciated. Thanks. You could e-mail me on
    > > > [email protected] if you like. Thanks.
    > > >
    > > > --
    > > >
    > > >
 
Old Oct 21st 2002, 5:10 am
  #8  
Shannon
Guest
 
Posts: n/a
Default Re: How to keep my foreign girlfriend in the US

Originally posted by Brian:
My foreign girlfriend and her daughter(from Malaysia) is currently on
a tourist visa here in the US which will be expiring soon. I wish to
know what can be done....she has sent an application to the INS for an
extension of stay which we are yet to receive a reply. We intend to
get married as soon as her divorce is finalised which is on the 10th
November 2002. Unfortunately her visa of stay expires on the 4th
November 2002. Is it advisable to go see an Immigration Officer and
inform them that we intent to get married or will that jeopardise her
extension of stay here? Please advise me on the best way possible to
handle this situation. I have read up the immigration websites which
says that if she returns to her country of origin it will take between
6-12 months for the application of finace visa to be issued. I really
would like to get this done without her having to return to her
country of origin since she is already here in the US with me for the
past 6 months. Hoping to hear from you soon.
Thank you
Brian
Hi Brian
Since she is in the US legally and you intend to marry the best approach would be to marry then apply to adjust status from tourist to immigrant visa. You will need to submit a form I-130 and I-485.

She is still able to file for residency when out of status (expired tourist visa) if she marries a US citizen.

I am not sure of what happens in case of greencard holders.

Shannon
 

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