edweena

How do you get a visa to have a fiance come here from overseas?

Ray

Advice one ..Do nothing until he has his decree absolute..
Two... Stay legal ..you will sleep at night.
Three..Don't mess with USCIS they don't care how much in love you are.

Lesley1020

Hi, I saw a question very similar to yours posted on another forum, and one of the replies seemed very informed, so I'm pasting it here in the hope that it will be of help. Basically the person asking the question, had his UK girlfriend here on the visa waiver, and 40 days later, they decided to get married and were asking what to do next.... this is the answer:-.....................

{{{"Thanks for allowing me the opportunity to answer this question. I have quite an extensive personal knowledge in USCIS (United States Citizenship and Immigration Services, formerly the INS) procedures. I should point out that Google Answers is not intended to provide Legal Advice, and no part of this answer should be construed as Legal Advice. If the marriage occured on the "spur of the moment" and was not planned prior to entry on the visa waiver, you should have little to no issues with the USCIS. However, if there was a planned wedding prior to you arriving in the USA, that might create an issue for you. Given your present situation, I would *NOT* leave the USA. I would instead file the forms as detailed on the USCIS website. You can find the document here: http://uscis.gov/graphics/formsfee/forms/i-485.htm#fba That link will take you directly to the application procedure to adjust status based on family. Basically, you will need to file the following forms: I-485, Application to Register Permanent Residence or to Adjust Status G-325A, Biographic Information Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved). I-864, Affidavit of Support I-693, Medical Examination of Aliens Seeking Adjustment of Status All required supporting documentation as listed on the above forms. You may download a package of all of these forms in PDF format. You may also submit the following forms: G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer) I-765, Application for Employment Authorization, if you want to work while your application is processed I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10 I-601, Application for Waiver of Grounds of Excludability, if applicable Since you married a US Citizen, you do not have to pay the penalty fee that is detailed in the I-485A supplement. You will ALSO need to file concurrently the form I-130 that will establish your right to an immigrant visa. That form can be found here: http://uscis.gov/graphics/formsfee/forms/i-130.htm Again, I would NOT leave the USA -- if you did so, you may be barred from re-entry until such time as your application is approved. That can take many months to process. Instead, follow the directions on the forms above and file them with the Service Center that has authority over your region. Most family based petitions are simple enough to do without the help of an attorney."}}}

I have no clue on these matters, but thought this may help if his divorce is final in time? Good luck with it all!

Lesley

Ray

Lesley..thats no good ..there is a divorce to be sorted out before you can file anything..

Lesley1020

I thought she had said that it may be finalized before his visa waiver expired..... anyways I see the post has been edited now.