2008-07-10 13:36:45 +0000
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Talk to an attourney, because if you are not careful she might end up getting banned from the country for a certain number of years for overstaying her visa. That would effectively destroy your relationship, so its not worth the risk of trying to deal with this yourself.
She will have to leave the country, and then either come back in under K-1/K-3 visa (if you are a citizen) or come in under a valid work/immigrant visa like H-1B.
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2008-07-10 15:15:37 +0000
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B1/B2 visas were typically issued for 10 years, I got one in 2001 was good until 2011 (I think things have changed a little since 9/11) Anyway, although the visa is valid for that long, it is good for multiple entries within that 10 year period. Typically, when entering on a B1/B2, you get a stamp when you come through immigration at the US Airport for either 3 or 6 months, depending on the nature of your visit. Whilst you are here, you can also apply for an extension of stay for up to a year total from your original entry date. Once you are here a year you MUST leave and then re enter, on the B1/B2 visa, and get a new entry stamp in your passport. For example, if your finace came in on Jan1st, 2008 and was stamped until March 31st, 2008 but never left on that date & didn't file for an extension, then she is here illegally, as soon as you apply for any kind of new immigration status in the US it will flag her for violating her original visa. You can get married, as local counties don't require proof of legal status to marry. But this won't help the fact that she overstatyed. Talk to a lawyer, it could all depend on how long she overstayed, what her travel history was like (had she ever overstayed before) The other thing you will run into is the fact that it is frowned upon by immigration to enter on a Temporary visa like the B1/B2 visa and then get married, as this is not what that visa is designed for. Consult a lawyer and see what the best way forward is. You might find that she has to leave the country and apply in her own country for a finacee visa to come back and marry you, but this might be hard again because she overstayed. Good Luck.
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