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  1. #1
    Join Date
    Sep 2005
    Location
    nevada
    Posts
    1

    Default I-129F

    I'm interested in applying for a fiance visa (I-129F) for a foreign exchange student here in the US on a work visa. Her work visa expires soon and she's scheduled to fly back to Poland on 9/29/05. I understand that a fiance visa takes about six weeks for processing. If she is here past 9/29, would she be considered illegal or defected? Is there any way that she can stay in the US legally while we apply and wait for processing of :? all kinds of immigration and visa forms? She has a job and can have it permanently if she can stay here.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Immigration of Fiancee

    Another option: If you get married while she is lawfully in the United States, you can file an I-130 petition for Alien Relative, and I-485 application for permanent residence.

    Given the limited time involved, particularly if you want to try to keep your fiancee's status lawful and avoid any possible complication due to her overstaying a visa, you should consider consulting an immigration lawyer.

  3. #3
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    Dear Ken,

    Assuming your gf has D/S (Duration of Status) in her I-94, she does not accrue unlawful presence, unless it is decided by the USCIS or an Immigration Judge. If you marry her and file concurrently I-130 and I-485, she can legally stay in this country. This is the best option.

    The only issue, you should check is whether your gf has a J-1 visa, and whether she is subject to 2-years foreign residence requirement.

    I would advise you to consult with a competent U.S. immigration attorney regarding her adjustment of status.

    This reply is in the nature of general information, not legal advice and should not be relied on as such.

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