I think your question is about What happens if you overstay your USA visa, and then later you wish to apply for a Spousal Visa and Green card?

How immigration will treat you, depends on how long you overstayed.

If you overstayed 1 – 180 days, they will probably ignore the overstay, “no harm no foul”

If you overstayed 181 to 355 days, you are banned from applying for any new visa for 3 years from the time you left the USA.

If you overstayed over a year, you are banned from applying for any new visa for 10 years from the time you left the USA.

I hope that you overstayed less than six months.

Tags: Adjustment of Status, fiancee visa, Green Card, I-130, spousal visa, Spousal Visas

The answer depends on where you are REALLY resident. If you are a resident in the USA, and spending a few months in the Phil on a tourist visa, then you should submit your petition to USCIS, in the USA.

If you have taken up PERMANENT residence in the Phil. (you will need to prove it). Then you can apply directly to the US Embassy. This is called a direct consular filing.

The process for Philippines Fiancee or Spousal visas, recently is moving along nicely and I have seen couples get their visas in as fast as 5 to 8 months.

The preparation of the petition is more complicated than just completing forms at DMV for a drivers licence. In addition to filling in the forms correctly, you must also submit a lot of supporting documents, like birth certificates, divorce decrees, etc. Plus convincing proof that the relationship you have is “bone fide”. It is pretty unlikely that you would have carried all of that with you on your trip to the Phil, so probably you will have to return to the USA in order to complete the petition package.

As a matchmaker, I believe that “what is meant to be, will be”. So it is not a big deal that you will have to wait a few extra months before you submit the petition. Important is that you do a proper job the first time. This is how to bring her to the USA the fastest.

Tags: bone fide relationship, CR-1, Philippines, spousal visa, Spousal Visas

Your USA Fiance(e) is the one who will file US government to obtain a K1 visa for you.

While USCIS and later NVC are processing this request, your status is not affected.

This means that until you actually have your interview at the US consulate, and they grant you the K1 visa, whatever current visas you may have ARE NOT affected.

So, you can come to the usa. However if you do, you must adhere to the terms of the visa you are traveling under.

The most important term, is “you can NOT intend to stay”. You should intend to return to home country, and there is where you will have the K1 visa interview.

At the border, the immigration agent has the authority to send you back in case he suspects you may be planning to violate the terms of the visa you now have. A confirmed return air ticket, a solid job back at home, will help to demonstrate your intentions to return to home country.

Tags: fiancee visa, K-1 Visa, K1, Terms of Visa

I do not know what your husband is referring to when he says “he will … present his passport at the US embassy”. If you were not yet married, then I would imagine he is talking about going to the embassy, and asking them to provide him a document saying “he is single”, which often is needed for a foreigner to marry in China.

Since your husband is not living in China, he will not be asked or required EVER, to visit the US Embassy.

The process to apply for a CR-1 starts in the USA. A petition called the I-130 will be completed by your husband. When he sends this to the US government, he MUST provide many, many documents. Some are used to prove identity and citizenship. Some are used to prove that you have a real marriage.

One documentation will be for your Husband to prove he is a US Citizen. Normally he will attach a copy of his birth certificate or passport (every page).

So when he starts the application, he will (MUST) include the documents, and MAIL them in to Immigration.

No trip to China. No visit to the Embassy is needed. No birth certificate required. He has his passport. That is all the proof needed.

Tags: CR-1, I-130, spousal visa, Spousal Visas, uscis

Coming to USA on a Visitor Visa, and getting married to your Fiance is not a problem as long as you return to Canada. To come to America on a visitor visa, and getting married with the “INTENTION” of remaining in the USA is a problem. It is a violation of the terms of your visitor visa.

What you should do is ask your Husband to file for a spousal visa for you. It may take about 8 months to be granted. While it is pending, you can still use your visitor visa (as long as it still has time left) and come and go. Then when your are scheduled for your interview at the US embassy nearest your Canadian residence, you attend the interview and get your visa.

The Visa to a apply for is a CR-1, conditional residency. The good news is that when it is granted you are also granted your green card, so you can come to the USA, rejoin your husband and go to work straight away.

In the mean time, DO NOT do anything to violate the terms of your visitor visa. Do not overstay, do not illegally work.

Tags: CR-1, I-130, immigration, spousal visa