Fiancé visa
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Anonymous
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Any insights into this process. I friend is engaged but has to go home soon because her visa expires (she is an au pair).
Should she just get married before she leaves? She was thinking of leaving then applying for a fiancé visas to come back and then plan her wedding. Tips? Thanks (BTw, she has been with her fiancé foe 20 months and is in love). |
Anonymous
| It is far, far easier for them to just get married at city hall now and then she can apply for her green card. They can then have a big wedding whenever they want. She'll be able to travel back to her home country approximately 90 days after submitting the paperwork. |
Anonymous
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Thanks pp. Yes she is considering that!
One of the posters raised a point I didn't know. If she gets married a month before she was going to go home. (Plane ticket already purchased) that is gong to be an issue? She can't travel for 90 days to her country? How long to get her valid papers after getting married? She doesn't want to be illegal for any period of time. Thanks. I know I coukd go to other sites and figure it out but this site helps! |
Anonymous
| My understanding is that any overstay on her visa is forgiven after she married a U.S. citizen. |
Anonymous
X10000 if she goes home before getting married, it will be much more complicated (and take longer) to get the fiancé visa and return. And, when she comes back they have to get married within 90 days anyway. |
Anonymous
Wrong. Depends on how long she overstays and if she works (illegally) while she is here. If she overseas and works, she will owe back federal and state taxes, plus SS, penalties and interest. |
Incognita
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Another note. Even if she marries now she will still be waiting at least a year for her PR card. The "immediate" visa number is a relative term, the number is secured "immediately", but the paperwork, interviews, biostats, etc will require she be present in the U.S. during the process. If she isn't, it's much the same as the fiancé visa, and if she starts it and leaves, it will be cancelled. (Though she can apply for a travel permit, which covers between 60-90days)
They should read up on the process themselves, it's not so simple. |
Anonymous
If she doesn't want to be illegal during her stay then she needs to get married during her travel month - after she finishes with her family. She cannot get married while being an Au pair. If she dies she will no longer be eligible to be an Au pair. And she will not be able to work legally until she gets her updated visa (I believe she will have to turn in her J1 visa). She also cannot leave the US (or more correctly, get back into the US) until she gets her new papers after turning in her Au pair visa. This is a 90 day period. |
Incognita
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It takes a month for your application to even be accepted and noted as being processed, getting married a month before is a bad idea. |
Anonymous
| Call a reputable immigration attorney to check. These things are super complicated. |