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Also if no marriage has yet taken place one can also bring his or her fiancé on a K1 visa. Such visas are only available for US citizen petitioners. On the other hand, in order for the marriage case to be processed in the United States, (a process called adjustment of status), the beneficiary has to have entered the United States legally albeit for one day. This means the person should have entered the US on a valid visa. Those who entered by crossing the border are out of luck unless they benefit from a provision under INA 245(i).ED Conqueror Review  This provision will require if any kind of petition was filed in the beneficiary's favor on or before April 30, 2001. There are many requirements to prove that you benefit from this provision of the law. You need to speak to an experienced attorney about your particular case. 

Also if you have overstayed on your visa, you definitely need to speak to an immigration attorney before you proceed with any kind of case.During the adjustment of status process, you should not leave the United States unless you file and get an approved reentry/parole permit. You should know that a parole or reentry permit is not a guarantee of entry in the United States.  

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