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Immigration

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FlyingRon

Senior Member
I'm confused. I assume you mean fiancee? I'm going to assume they are not a US national and currently NOT present in the US.
I'm going to guess that you are also a US citizen. If either of these are not true, the following doesn't apply.

You have two options:
1. Apply for a "fiancee" visa, called a K-1. You have 90 days from the date of entry to actually get married.
2. Get married elsewhere and apply for entry as a conditional permanent resident of a US citizen.

If they are in the US now (presuming you are a citizen or PR), you can marry them and apply to change their status. They won't accumulate unlawful presence provided they were legally here when you apply (unless for some reason the change of status is denied).
 

LdiJ

Senior Member
I'm confused. I assume you mean fiancee? I'm going to assume they are not a US national and currently NOT present in the US.
I'm going to guess that you are also a US citizen. If either of these are not true, the following doesn't apply.

You have two options:
1. Apply for a "fiancee" visa, called a K-1. You have 90 days from the date of entry to actually get married.
2. Get married elsewhere and apply for entry as a conditional permanent resident of a US citizen.
I think you meant "Get married elsewhere and apply for entry as a spouse of a US citizen.

If they are in the US now (presuming you are a citizen or PR), you can marry them and apply to change their status. They won't accumulate unlawful presence provided they were legally here when you apply (unless for some reason the change of status is denied).
I think that you meant that they can apply for a change of status if they originally entered the country legally and just overstayed.
 

FlyingRon

Senior Member
Yes and Yes. They can apply for conditional permanent residence as the SPOUSE OF a US citizen.
They can apply for change of status if they are here and entered legally. Overstay isn't an issue until they get turned down. Then they get retroactively illegally present back to the time they would have been illegal had they not applied. If they are approved (which should not be an issue provided everything else is as assumed), then all is forgiven.
 

quincy

Senior Member
This thread is from September 2018.

berneeric, please read the terms and conditions you agreed to when registering on this forum.

Commercial messages and links to commercial websites are prohibited.

Your post with the commercial link was reported for moderator review.
 

not2cleverRed

Obvious Observer
This thread is from September 2018.

berneeric, please read the terms and conditions you agreed to when registering on this forum.

Commercial messages and links to commercial websites are prohibited.

Your post with the commercial link was reported for moderator review.
Any post by berneeric should be considered an update, because berneeric was the original poster.
 

quincy

Senior Member
Any post by berneeric should be considered an update, because berneeric was the original poster.
His post was reported for the commercial links, which I believe were the extent of the content of his "update" (but, since he posted a month ago, it is hard for me to remember exactly what he wrote).

The date of the thread was noted so posters would be aware of the age of the thread.
 
Last edited:

not2cleverRed

Obvious Observer
His post was reported for the commercial links, which I believe were the extent of the content of his "update" (but, since he posted a month ago, it is hard for me to remember exactly what he wrote).

The date of the thread was noted so posters would be aware of the age of the thread.
Makes one wonder about how genuine the initial post was...
 

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