129 + 485 possible on overstay?
Thank you to everyone who participates in the helpful advice regarding immigration information in these forums. This is (a copy of) my first posting and have read several posts (but not all) trying to find some answers to my situation and dilemma.
Situation:
I am a US citizen. I met my girlfriend about a month and a half ago. I am currently going through divorce and the divorce should be completed in about 3-4 months for me to be free. She (girlfriend) is currently here (US) on a tourist visa from the Philippines using her 10 year visa. Now she is on her last month of her 6 + 6 month extension to stay. She applied for a AOS to H3 visa back in December 2010, which had been denied. Now she just applied for an AOS to F1 student visa on 3/11/11. Her duration of stay stamped on her visa indicates she has until 4/9/11 to have current status here in US. I understand that she can stay past the duration of stay stamped on the visa, until an approval or denial of the F1 application results, and use that decision for her reason for overstay (pending application approval).
Questions:
1. What is the "Grace Period" to have to leave the country getting a denial for an application (F1 student visa), even though she might get an decision before 4/9/11. If she gets her decision, say 4/3/11, would she be required to leave on 4/9/11, or what kind of grace period to apply for a waiver for the overstay, is there after a decision for an application to leave the country.
2. If she decides to leave to go back home to prevent being "out of status", I believe she would have to wait about a year for her to apply for another visa to come back to the US, correct? What can I do here in the US, after my divorce is final, for her to come back here to the US. Can I apply for 129, and what would be the time line if she were to go back home, and what procedure can I follow to have her come back to the US under my petition for fiance to marry her?
3. If she decides to overstay, past 4/9/11, and waits for my divorce to be final, in about 3-4 months (hopefully sooner), I want to file 129 (fiance) for her. I understand about the 180 day (3 year ban) and 365 day (10 year ban) overstay penalties. Can I still apply for a 129 petition if she is here on overstay, under 180 days(?), over 180 days(?), or does it matter how long she overstays as long as I am willing to petition her under 129 and 485 (and whatever any other applications I need to file for her to become a usc)?
4. What is your advice on this situation. Overstay and wait for me to be free to file and petition her. Go back home and wait for me to be free and file and petition her. I do love her and I am willing to do what it takes for her to come here and be with me.
Thank you all for taking your time to read this and any answers and/or suggestions you might have are very welcomed.
Thanks,
Paul
Thank you to everyone who participates in the helpful advice regarding immigration information in these forums. This is (a copy of) my first posting and have read several posts (but not all) trying to find some answers to my situation and dilemma.
Situation:
I am a US citizen. I met my girlfriend about a month and a half ago. I am currently going through divorce and the divorce should be completed in about 3-4 months for me to be free. She (girlfriend) is currently here (US) on a tourist visa from the Philippines using her 10 year visa. Now she is on her last month of her 6 + 6 month extension to stay. She applied for a AOS to H3 visa back in December 2010, which had been denied. Now she just applied for an AOS to F1 student visa on 3/11/11. Her duration of stay stamped on her visa indicates she has until 4/9/11 to have current status here in US. I understand that she can stay past the duration of stay stamped on the visa, until an approval or denial of the F1 application results, and use that decision for her reason for overstay (pending application approval).
Questions:
1. What is the "Grace Period" to have to leave the country getting a denial for an application (F1 student visa), even though she might get an decision before 4/9/11. If she gets her decision, say 4/3/11, would she be required to leave on 4/9/11, or what kind of grace period to apply for a waiver for the overstay, is there after a decision for an application to leave the country.
2. If she decides to leave to go back home to prevent being "out of status", I believe she would have to wait about a year for her to apply for another visa to come back to the US, correct? What can I do here in the US, after my divorce is final, for her to come back here to the US. Can I apply for 129, and what would be the time line if she were to go back home, and what procedure can I follow to have her come back to the US under my petition for fiance to marry her?
3. If she decides to overstay, past 4/9/11, and waits for my divorce to be final, in about 3-4 months (hopefully sooner), I want to file 129 (fiance) for her. I understand about the 180 day (3 year ban) and 365 day (10 year ban) overstay penalties. Can I still apply for a 129 petition if she is here on overstay, under 180 days(?), over 180 days(?), or does it matter how long she overstays as long as I am willing to petition her under 129 and 485 (and whatever any other applications I need to file for her to become a usc)?
4. What is your advice on this situation. Overstay and wait for me to be free to file and petition her. Go back home and wait for me to be free and file and petition her. I do love her and I am willing to do what it takes for her to come here and be with me.
Thank you all for taking your time to read this and any answers and/or suggestions you might have are very welcomed.
Thanks,
Paul
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