What’s the fastest way to get my girlfriend, who is a non-immigrant, back into the USA?

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What’s the fastest way to get my girlfriend, who is a non-immigrant, back into the USA?

I met my girlfriend while she was on her work visa but she went back to her home country before we found out that she was pregnant. There was a 2-week overstay of her visa, which could be a denial and if we try and get a waiver it might be too late for her to fly. Also, she is permitted back into the country with no restrictions from her visa(J-1). We were planning to get married and apply for a K-1 visa. We wanted to take our time and not rush into marriage while she was here. What visa should be applied for and how?

Asked on October 25, 2011 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If she is a from a visa waiver country but she previously overstayed, there may be a restriction for her to travel on the visa waiver and she would have to obtain an actual visa.  If that is the case, you can petition her for a K-1 visa.  It will take about 9-12 months and then, assuming she gets a visa, she would enter the US for 90 days during which time you would need to marry and then apply for her adjustment of status on the basis of marriage to a US citizen.  If she is able to enter as a visa waiver or can get a tourist visa, she can enter that way and then you just see how things go before you decide to get married.  Then you can get married and apply for adjustment of status.

 


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