Need your help - getting married to a US citizen

V

verynervous

New Member
Does the 10 yr bar apply? Out of status getting married to a US Citizen!!!!

Dear All, I first came to this country on a tourist visa in April of 2000. I went back to my home country for 3 weeks between Dec 01 and Jan 02. I have not gone back ever since. Please note that I have overstayed my visa in both these occasions.
I have been dating an american citizen for 6 months now and we are planning to get married at the end of this year. My concern is the fact that I had overstayed for more than 1 yr, went back and did not wait for 10 years (10 yr bar) before coming back.
Will this be a problem? Will the INS send me back to my country and tell me to apply at a consulate? If so, what are the chances of they actually granting me a GC? One last question: is there any way I could apply for my adjustment of status while in the US? I'd greatly appreciate your time and help.
 
Last edited by a moderator:
verynervous said:
Dear All, I first came to this country on a tourist visa in April of 2000. I went back to my home country for 3 weeks between Dec 01 and Jan 02. I have not gone back ever since. Please note that I have overstayed my visa in both these occasions.
I have been dating an american citizen for 6 months now and we are planning to get married at the end of this year. My concern is the fact that I had overstayed for more than 1 yr, went back and did not wait for 10 years (10 yr bar) before coming back.
Will this be a problem? Will the INS send me back to my country and tell me to apply at a consulate? If so, what are the chances of they actually granting me a GC? One last question: is there any way I could apply for my adjustment of status while in the US? I'd greatly appreciate your time and help.
Click to expand...


How could you be readmitted after you overstayed the first time?
 
marrying a USC

actually, i exactly had the same worry, but guess what? if you marry a USC, not fake marriage, then you don't need to worry about your overstay. i was wondeirng though how you were able to get back after overstaying?
a good friend overstayed for 4 years (tourist visa) and when she got married to a USC, they did not even ask about her overstay. so i wouldn't worry. i would worry if you have not filed the petition and you are here in america past your visa expiration. so if you guys really want to get married, then go for it.
 
verynervous said:
They never checked my name on the system or anything, they simply just let me in. No questions asked.
Click to expand...

Well, as long as you were admitted WITH inspection, then you should have no problem in applying for AOS.

Maybe the officer will be more suspicious at the interview, but if you can prove that the marriage is in bona-fide, then you should be ok.
 
Thanks for your reply diaperchanger. However, I am worried about the fact that I may have triggered the 10 year bar by returning to this country after having been here for more than 1 year in an illegal status. Please let me know if your good friend has gone through this... Thanks!
 
verynervous said:
Thanks for your reply diaperchanger. However, I am worried about the fact that I may have triggered the 10 year bar by returning to this country after having been here for more than 1 year in an illegal status. Please let me know if your good friend has gone through this... Thanks!
Click to expand...

Well, if you were readmitted with inspection, it was their mistake.
I think that wouldn't even be taken in consideration....but I'm not a lawyer, so you might wanna ask one...
 
agree

i so agree with all the other posts...
it wasn't your fault and you were inspected. no you did not trigger the 10 year bar at all. you actually will trigger it if you were back home right now and was NOT able to come back, then you will really have to do time which is 10 years. but if you are here right now, inspected by an immigration officer upon entrance to US and did not illegaly enter (meaning no visa at all) the US then you're fine... if and only if you are married to a USC.
my friend never had the 10 year bar coz she never went home after arriving to US but was never asked about her overstay.
immigration officers/interviewers are lenient to the spouses to USC.

also, you should read the thread of interview experiences as you'll learn a lot about the preocess of interview.

i am just as paranoid as you and my case is even worse.
i came to US in a J1 visa and overstayed without a waiver but the waiver is being processed right now with a favorable recommendation from DOS. without the waiver, my spouse for 4 years (yes, we've been married 4 years) can not petition me. so i am crossing my fingers that my waiver would be approved within this month or next the most. i have been waiting for so long.

don;t worry, yours is really straightforward... again, if and only if you marry a USC... :o
 
You must log in or register to reply here.
Top