visa help

[tonto]

I need some advice on how to proceed with the INS.  My fiancé from Colombia came here last December on a 6-month tourist visa.  Soon afterwards she started full time English classes and after 3 months she applied for a student visa.  That was 5 months ago and all we’ve received so far is a letter from the INS telling us they received her application.  Her teachers tell her this is sufficient to stay in the country.  Every time I’ve called the INS the number has been busy.  

Last week I finally asked her to marry me and we plan on getting married dec. 8 here Austin, Texas.  I have several questions.  Is it worth applying for a fiancé visa when we would probably be married before we receive it?  Do I just wait until we’re married and then apply for the alien-spouse visa?  Will she get into trouble by not waiting for her student visa?  Does she have to go back to Colombia first for any reason?

Thanks

[DallasTexas]

... in response to visa help, posted by tonto on Aug 27, 2001

I would not suggest the do nothing approach or having the lady overstay her visa.  

The reason is I have a friend that married a woman from Spain on June 30th here in Dallas.

The woman had been in the states the better part of the last two years on tourist visas. Twice she overstayed her tourist visa. The 3rd time they simply refused to let her enter the country.  

I know that he then applied for a Fiance visa and subsequently a change of status.

The bottom line for the suggest is that it would probably be allright in the end as it was for him but it ended up costing him a lot of money in attorney fees as they made him do a lot of additonal things because she had overstayed her tourist visa (and this guy knew her for 2 years!) to prove it was a valid marriage.

[Larry in Dallas]

... in response to visa help, posted by tonto on Aug 27, 2001

Dear Sir:

   Go to www.ask.com and post your question with a lawyer on their forum.  It's free and maybe there might be other forums there as well to contact a lawyer who would know the answer.

                                 Larry in Dallas