Visa question for foreign immigrant?

Question

I went to college with a girl from Russia when she was a exchange student, and became very close. When she was in school, she finished and decided to stay longer but did not realize she over stayed her visa. I recently went to see her and have decided that I would like to marry her, she feels the same. The problem is she has been trying to get her visa but is having problems because of the past issue. My question is if I married her would that problem go away? Also im currently working for the government in the U.S Army

Answer 1

Well, it depends, as they say. since she came to the US on a J visa, first you'll need to check her visa or her J papers to see if she's subject to the 212e 2 year residency requirement. If she is, that means she can't become an immigrant in the US unless she goes back for 2 years, or she gets a waiver through the Department of State. check out travel.state.gov and the visa section for more information on how to apply for that if it's necessary.

If you marry, you can file an I-130 immigrant visa petition for her, along with a number of other forms, the I-485 adjustment of status form and an I-765 request for work authorization among others. Check out uscis.gov for more information and downloadable forms, and while you're at it, take a look at the filing fees. If she isn't subject to 212e or gets a waiver if she is, she'll be able to adjust in the US, but it will take quite some time and she won't be able to leave until everything is complete, unless she files for Advance Parole and gets it. So, it may well be possible, but it will take a fair amount of work on your part to make it happen.

Answer 2

It helps that youre in the Army.

My fiance accidentally overstayed his visa before and it's terrible waiting. If you were to marry, it becomes easier, and much faster.

Im not sure about all the details because Im sure its different for military people than it is for civies.

Try this website. I hope it helps!

And good luck!

http://travel.state.gov/visa/immigrants/...