If someone came to the US via a fiancé visa but never ended up getting married, how can they now get their papers if they have overstayed their visa?

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If someone came to the US via a fiancé visa but never ended up getting married, how can they now get their papers if they have overstayed their visa?

I work in law enforcement. I have a girlfriend and I want her to have her documents. She’s overstayed about a year now. I want to help to get her papers. She got here in the US by a fiancé visa with someone else (ex-boyfriend, a US Marine) but they didn’t get married. What am I supposed to do to help her so that she doesn’t need to get back home to start over again? I don’t want her to go home.

Asked on October 2, 2014 under Immigration Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Here is the thing: if you come to the US on a fiancé Visa you are expected to get married within 90 days.  If you do not and it expires you can get in to a lot of trouble because they are not renewable. The best way to help her is to seek help from an Immigration Attorney asap. Good luck.


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