Legal Question in Immigration Law in California

over stay on student visa

my fiance from japan over stayed her visa by one yr what can we do so she can come here so we can be together. would it be btter for us to get married then apply to have kids what would be the best way


Asked on 11/01/05, 3:24 am

1 Answer from Attorneys
Hon-Vinh Duong DUONG IMMIGRATION LAW PLLC

Re: over stay on student visa

Check you fiance's I-94 card. Do you see F-1 D/S? If so, your fiance is out of status (because of the visa overstay), but has not accrued unlawful status. It is still possible for fiance to file for permanent residence, but you will need to get married (sooner rather than later). Whether you want children at this point is really up to you.

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Answered on 11/01/05, 9:14 am


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