My girlfriend overstayed her visa in the U.S. for 2 Years?

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Nine0joe

Registered Users (C)
My girlfriend overstayed her visa in the U.S. for 1 year and 6 months (i think or 2 years maximum) she left at the age of 17 and is still 17 today, She has a 10-year visa but was only given a visa for 6 months out of the 10 years. During the second year she was staying, i met her and were were together for a year. She was living with her aunt at the time which didn't have her papers either. Her aunt wanted to leave the U.S. because she missed her family. When they left the united states, her and her aunt lied and said that they lost their passport so they would not get a date stamp. Although immigration in the costa rica airport had them fill out some sort of paper that i am not sure of what it was. I now realize how much i love her and have visited her and want to marry her.

She has worked but under the table, without using a fake social security so there is no way to prove she worked. The taxes were taken from her pay as she worked in a restaurant.

I heard that since she left while she was under that age of 18, that no penalty will be held against her and that she wouldn't need a waiver. Is this true?

Please i don't want anything about "You guys are too young", or "What is your deal". This just feels right, you know?

Please if anymore information is needed please ask, as i need as much information as possible.

Would it be better to marry here or Costa Rica (Where she lives and was born) What would be the most convinient way that she comes over here? With a spouse form or a fiance form she also wants to work immidiately when she arrives?

Thank You.

Additional Details
By the way, i am a U.S. Citizen and am turning 19 in august. I was born in New Jersey. And again she is still 17 and will be turning 18 on December 6th.

I'd also like to know that since she has no ban but on her can she visit me (since she is under the 10 year visa). I know she over stayed once. But will they trust her now?

ALSO:

She arrived to the states on about the 14 of Dec 2006 and she was given 6 Months to stay. She left on the 23 of February 2009. I assume that her expiration date was about June 14 2007.

Thank You for your help!!
 
VisaNutz said:
K-1 Visa
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You haven't told me if she is held responsible or not due to age. And also if i will be given any problems at all. If i file for the K-1 (i think thats the fiance visa) will it be as if she never overstayed? Meaning like would it be as if she never commited anything illegal and we can proceed with no problems at all?
 
TheRealCanadian said:
Illegal presence prior to ones 18th birthday does not count towards the 3/10-year re-entry bars. I'd be more concerned about the viability of your marriage.
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Ok thanks for clearing that up. Do you this there is anyway she can visit me? if she comes it will only be for a month or a month and a half at most and she would leave before her 18th birthday. I just visited her in may but want her to visit here becasue i have to work.
 
Ok. I heard that she will have to have her visa canceled and get a new one in order to enter the U.S. Do you think they will give her the new visa?
 
Nine0joe said:
Ok. I heard that she will have to have her visa canceled and get a new one in order to enter the U.S.
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Once there is an overstay, the visa is invalidated and a new one must be obtained to reenter the US. It's hard to get another nonimmigrant visa after a significant overstay. I don't think she'll be able to get a new B1/B2 visa, but she'll be able to get a K-1 or K-3 visa because the 3-year/10 year bars don't apply to her because of her young age.
 
Well yea, i'll do the K-1 or K-3 visa. I just wanted to get her a tourist visa so she can visit for the mean time but it looks like that can't happen anymore. But at least she has no penaltys. Thanks everyone for the help!!
 
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