overstayed Fiancee visa
Mar 14th 2004, 10:00 pm
#1
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Thread Starter
Joined: Apr 2003
Posts: 2
overstayed Fiancee visa
Hello can someone please help. my Fiancee overstayed her visa and now I received a letter from the gov't asking for our marrage license, which we don't have because we never married. Please tell me what will happen to her at this point. She was also admitted under the visa waiver so I guess this adds to her problem.
Any help is greatly appreicated.
Thanks
Any help is greatly appreicated.
Thanks
Last edited by inbowns; Mar 15th 2004 at 8:01 pm.
Mar 14th 2004, 10:26 pm
#2
Joined: Mar 2003
Posts: 68,280
Re: overstayed Fiancee visa
Originally posted by inbowns
Hello can someone please help. my Fiancee overstayed her visa and now I received a letter from the gov't asking for our marrage license, which we don't have because we never married. Please tell me what will happy to her at this point. She was also admitted under the visa waiver so I guess this adds to her problem.
Any help is greatly appreicated.
Thanks
Hello can someone please help. my Fiancee overstayed her visa and now I received a letter from the gov't asking for our marrage license, which we don't have because we never married. Please tell me what will happy to her at this point. She was also admitted under the visa waiver so I guess this adds to her problem.
Any help is greatly appreicated.
Thanks
Mar 14th 2004, 10:51 pm
#3
Former Blonde
Joined: Nov 2003
Location: In a wibbly-wobbly world of my own
Posts: 1,380
Fiance(e) visa (K-1) or VWP? You can't enter on both, it's either one or the other.
Either way, I'd take Ray's advice if I were you.
Either way, I'd take Ray's advice if I were you.
Mar 15th 2004, 12:16 am
#4
Winter hyphenator
Joined: Jul 2002
Location: Ann Arbor, MI
Posts: 660
Lawyer.
Mar 15th 2004, 11:10 am
#5
Just Joined
Joined: Mar 2004
Posts: 2
I'm sorry to hear your problems, but didn't they tell your fiancee in her embassy that she had 90 days to marry or else she should return home. I would say you both should get married as soon as possible, otherwise she faces some jail time. The visa waiver is tricky it cleans up what ever you did wrong previously to allow you to come here, but if you violate it you are can face some harsh punishments. I know this because I'm currently studying immigration law.
You guys need to work your problems out and you both need to this if you really want to marry if you decide you don't she's going to go through hell.:scared:.
Good luck.
You guys need to work your problems out and you both need to this if you really want to marry if you decide you don't she's going to go through hell.:scared:.
Good luck.
Mar 15th 2004, 1:46 pm
#6
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Originally posted by lost my way
I'm sorry to hear your problems, but didn't they tell your fiancee in her embassy that she had 90 days to marry or else she should return home. I would say you both should get married as soon as possible, otherwise she faces some jail time. The visa waiver is tricky it cleans up what ever you did wrong previously to allow you to come here, but if you violate it you are can face some harsh punishments. I know this because I'm currently studying immigration law.
You guys need to work your problems out and you both need to this if you really want to marry if you decide you don't she's going to go through hell.:scared:.
Good luck.
I'm sorry to hear your problems, but didn't they tell your fiancee in her embassy that she had 90 days to marry or else she should return home. I would say you both should get married as soon as possible, otherwise she faces some jail time. The visa waiver is tricky it cleans up what ever you did wrong previously to allow you to come here, but if you violate it you are can face some harsh punishments. I know this because I'm currently studying immigration law.
You guys need to work your problems out and you both need to this if you really want to marry if you decide you don't she's going to go through hell.:scared:.
Good luck.
Why, from the information which has been given, would the foreign fiancee be facing jail time?
We don't even know if the OP is talking about a VT/VB entry an 1-601 or an I-212 when they refer to "waiver".
They need to speak to competent, experienced immigration counsel.
Mar 15th 2004, 2:05 pm
#7
Just Joined
Joined: Mar 2004
Posts: 2
Originally posted by lairdside
Erm.
Why, from the information which has been given, would the foreign fiancee be facing jail time?
We don't even know if the OP is talking about a VT/VB entry an 1-601 or an I-212 when they refer to "waiver".
They need to speak to competent, experienced immigration counsel.
Erm.
Why, from the information which has been given, would the foreign fiancee be facing jail time?
We don't even know if the OP is talking about a VT/VB entry an 1-601 or an I-212 when they refer to "waiver".
They need to speak to competent, experienced immigration counsel.
I spoke to the gentleman who wrote this he said that she was arrested previously for no visa. She'll either be banned or jailed or both.
Mar 15th 2004, 2:08 pm
#8
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Originally posted by lost my way
I spoke to the gentleman who wrote this he said that she was arrested previously for no visa. She'll either be banned or jailed or both.
I spoke to the gentleman who wrote this he said that she was arrested previously for no visa. She'll either be banned or jailed or both.
Thanks.
She's obviously removable and excludable I just wondered about the imprisonment.
Perhaps she could try for voluntary departure if they don't marry. If they stick her into removal proceedings before they marry though that's a tough one IMHO.
They really need good counsel like YESTERDAY.
Mar 15th 2004, 2:09 pm
#9
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Originally posted by lost my way
I spoke to the gentleman who wrote this he said that she was arrested previously for no visa. She'll either be banned or jailed or both.
I spoke to the gentleman who wrote this he said that she was arrested previously for no visa. She'll either be banned or jailed or both.
Mar 15th 2004, 2:23 pm
#10
Forum Regular
Joined: Feb 2004
Location: Washington, DC via Cornwall
Posts: 193
She faces probable deporation and being barred from reentry for a period of time, based on how long she was in the US illegally.
I have heard of lawyers helping couples in similar situations by presenting a strong reason for delaying their marriage (illness in the family, finanical problems, etc...) and getting an extension, but these cases have been rare as of late. Get a good lawyer immediately. The longer she is in the county illegally, the more severe the penalty.
I have heard of lawyers helping couples in similar situations by presenting a strong reason for delaying their marriage (illness in the family, finanical problems, etc...) and getting an extension, but these cases have been rare as of late. Get a good lawyer immediately. The longer she is in the county illegally, the more severe the penalty.
