out of status, marrying US citizen

M

mb1234

Registered Users (C)
I am posting this for a friend:
____________

My fiance came to US on tourist visa few years ago. He was under 18 at that time. After four years he went back to his home country, as he realized the importance of maintaing the "Status" here. He was never involved in any kind crime.

Currently he is living at his home country. Few months ago we got engaged and I am a US citizen. We are planning to get married next year.

Does anyone has any suggesion? Does anyone see any issues of returning him to US? What are the procedures for this kind of case? Anyone has any suggestion?

Please help.

_____________
 
If your friends fiance came legally, overstayed the visa and then left US either a 3 year or a 10 year ban on re-entering the US will be triggered based on whether the fiance overstayed for a period of less than or more than 6 months, respectively.
 
krakow007 said:
If your friends fiance came legally, overstayed the visa and then left US either a 3 year or a 10 year ban on re-entering the US will be triggered based on whether the fiance overstayed for a period of less than or more than 6 months, respectively.
Click to expand...

Actually, he came legally to us and overstayed in US for 3 years.
 
HE won't be able to come back here for 10 years that is automatic 10 yrs ban. Sorry for the bad news :(
 
Thanks Mikew151,

I have heard that in case like this, he/she can apply for "Out of Status" waiver to USCIS in parallel to the the immigration petition by the US Citizen. Do you or anyone know anything about this?



mikew151 said:
HE won't be able to come back here for 10 years that is automatic 10 yrs ban. Sorry for the bad news :(
Click to expand...
 
Yes you are right and my friend did this. The waiver can be applied and it is granted. Make sure that you have waiver papers when you go for interview otherwise your visa will be rejected.
Be happy you are in good shape.
 
You must log in or register to reply here.
Top