Marrying a foreign national?

Question

I'm a US citizen planning to marry a Malaysian national. She already has a tourist VISA to the US. I know about fiancee and marriage K1 and K3 visas. I also know it can take up to 2 years for the application for her permanent resident status to go through. What would be the best way to go about this? Will she be considered an "illegal immigrant" if she overstays her 6 month tourist Visa while waiting for the green card? If she leaves prior to 6 mo, can she come back prior to the green card?

Answer 1

Tourist visa is 89 days from eligible countries. Yes, she will be deported after that if you have no extension granted. A deportation is a black mark against you.

If you use a lawyer, there is a chance of getting a Spouse Visa done in 2 years. America really wants Mexicans, you know.

A Spouse Visa is not a right to work, nor eligibility for a Social Security Number. She will only have permission to reside in the USA and no possibility (after the summer of 2008) for a driver's license.

The Spouse Visa is the shortest path. Once it is accepted as being processed, her residency status is on hold and allows residency until final deteriminations are issued.

Answer 2

If she overstays the visitor visa you will completely jeopardize her ever becoming a legal resident.

She needs to return home and then you Can apply for the K1 fiance visa

Answer 3

the fiance visa should be the fastest. it should take anywhere between 6 months to a year... that, by the way is the k1 visa. the spouse visas are either the i-130 or the k3. those are the ones that could possibly take 2 years.

just go the fiance visa route. that will save you both a lot of hassle and future problems. you do know that entering the US with a tourist visa with the intent of marrying is illegal, right? so, save yourselves from future problems and just go through the fiance visa route.

Answer 4

She must leave the US before her tourist visa expires.  If she does not, she is an illegal alien and cannot get another visa.  There is no way for her to remain here and get a spousal visa.  

She needs to go home, you apply for a fiance visa, and if approved, she can enter and you have 90 days to marry and file an application for a spousal visa.  If you try to do it any other way, you will separated for at least a couple of years while your application for her spousal visa is processed, and since you won't be living together, it becomes much harder to prove it is a valid marriage.