citizenship question

[Landover]

My colombiana girlfriend came to the usa legally on a temporary emergency visa to tend to her sisters affairs who had died. However  once her temporary visa expired she decided to stay here in the USA.  I read somewhere she will never be considered a USA citizen if we marry due to this visa violation. Anyone know?

[roadken]

... in response to citizenship question, posted by Landover on Feb 28, 2005

The law changed after 1997.Anyone overstaying a visa for more than 180 days can and probably will be barred from the country for up to 10 years.Marriage used to be a way to stay but no longer.She is an ILLEGAL ALIEN!

[Gator]

... in response to citizenship question, posted by Landover on Feb 28, 2005

there was no intent to defraud and she entered the country legally (your comment she entered,"legally on a temporary emergency visa")you will PROBABLY be O.K. She is not considered illegal, per se, because she entered with a visa and was inspected by immigration upon entry. He status is överstayed visa".  Be sure and save the I-94 and her passport showing the entry stamp.

After you marry you would file for an adjustment of status.  However you will be dealing with a government agency that is a law unto itself.  I would spend a couple of buck and have a quick sitdown with an attorney.  Also do a Google search-tons of people have done what you plan to do.

Good luck

[utopiacowboy]

... in response to citizenship question, posted by Landover on Feb 28, 2005

I doubt that this is true. The government forgives a lot of sins, but not all, if she marries an American. In this case, it's probably best to seek the advice of an experienced immigration lawyer.

[jediknight]

... in response to Re: citizenship question, posted by utopiacowboy on Feb 28, 2005

first thing, as others have mentioned, get a good lawyer, interview a few, maybe even seek the advice of gary bala, he seems to know what the rules are.
having said that, i know a woman who entered here legally, with a tourist visa and overstayed her period. she married an american citizen and is in the process of getting her permanent residence, make sure she has proof that she entered legally, her passport and if i remember correctly there might be an additional paper that was given to her when she entered or maybe it was her visa being stamped, not sure...but if she entered legally then it's not the end of the world.

[Michael B]

... in response to Re: Re: citizenship question, posted by jediknight on Feb 28, 2005

I concur with the cowboy and the knight. I always advise people that you don't you need an attorney for a 'straight up K-1 or K-3', but if your case has already 'gotten off on the wrong foot' (and yours HAS) you need a competent professional to straighten it out BEFORE you make it any worse.

Gary Bala has given a LOT of good free advice over here and some people (I can't remember exactaly who they were though, darn it, search the archives if you want to) have actually used him to handle their cases, both simple and 'please fix the mess we made' types, and said they were well satisified with his services. I think you can find his web site by doing a Google. Good luck.