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DAP Forums > Other Topics > Other Topics

Question about marriage and overstayed visas

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#1
11-09-2009, 01:36 PM
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Joined in Oct 2008
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Fish
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Let's say I leave at the end of next year, go back to my home country, and meet an American and end up marrying him. Can I come back to this country? What about the 10 year ban? Anyone know anything about this? I overstayed my tourist visa, by the way.
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#2
11-09-2009, 02:58 PM
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Joined in Sep 2009
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HeyMonday
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Don't leave, why are you leaving?

I'm not sure about your particular scenario, but if you were to get married to a USC today, then you shouldn't have a problem.

Just prepare about 15hundred for your petition/filing fees, and that doesn't include lawyer fees. Apply for a work permit too, takes about 1-3 months, I am lucky enough to get mine really soon.

And be sure to find someone you really love, and someone who really cares about ya, when doing this. Because all the paperwork can be a bit stressing, but it's all worth it.
Last edited by HeyMonday; 11-09-2009 at 03:01 PM..
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#3
11-09-2009, 03:49 PM
Senior Member
From Florida/Oklahoma
Joined in Apr 2009
750 posts
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prettyjolie
80 AP
If you overstayed on your visa, you would definitely get the ten year ban. But being married to a citizen or legal resident (and as long as there is no criminal background), you are eligible for a waiver. I'm pretty sure you would be petitioned as a person who entered without inspection would. As long as you are not deported, it would be possible for you to come back. Keep in mind that your spouse would have to prove that he'd experience extreme hardship if you had to wait out the 10 year ban and he had to either go back to the US without you or move to your country to be with you.

The fees are $355 for the I-130 visa petition, $470 NVC fees, and then in time for the waiver appointment, there is a $545 fee. Also, there is a $50-$300 fee for when you have a physical and get vaccinations required. That's pretty much it if you are going through the process on your own. If you hire a good, legitimite lawyer, their fee is usually from $4000-$10,000 depending on their experiences and success rate.

I suggest you stay if marriage is a possibility because since you simply overstayed your visa, it is much easier to adjust your status and there is no ban.
Last edited by prettyjolie; 11-09-2009 at 03:53 PM..
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#4
11-09-2009, 05:48 PM
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From Uranus
Joined in Mar 2009
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unthinkable's Avatar
unthinkable
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Quote:
Originally Posted by HeyMonday View Post
Don't leave, why are you leaving?

I'm not sure about your particular scenario, but if you were to get married to a USC today, then you shouldn't have a problem.

Just prepare about 15hundred for your petition/filing fees, and that doesn't include lawyer fees. Apply for a work permit too, takes about 1-3 months, I am lucky enough to get mine really soon.

And be sure to find someone you really love, and someone who really cares about ya, when doing this. Because all the paperwork can be a bit stressing, but it's all worth it.
Getting married to an imaginary girlfriend don't count as real marriage... Get off the pills kiddo
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#5
11-09-2009, 06:36 PM
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From Florida/Oklahoma
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Stevieola, I like you better as a jerk than when you were nice and all "no hard feelings".
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#6
11-09-2009, 09:10 PM
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From Uranus
Joined in Mar 2009
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unthinkable
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Quote:
Originally Posted by prettyjolie View Post
Stevieola, I like you better as a jerk than when you were nice and all "no hard feelings".
You like me as a jerk because you are one. So yes, I seem to have that effect on many jerks. But seriously, wtf am I a jerk magnet??? Derrrrr

No 'hard feelings' to you too kiddo
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#7
11-09-2009, 11:21 PM
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From Florida/Oklahoma
Joined in Apr 2009
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Quote:
Originally Posted by stevieola View Post
You like me as a jerk because you are one. So yes, I seem to have that effect on many jerks. But seriously, wtf am I a jerk magnet??? Derrrrr

No 'hard feelings' to you too kiddo
Hahah. Ok, kiddo.
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#8
11-10-2009, 12:23 AM
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Joined in Sep 2006
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lilbawler2001
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I always thought you were a guy.
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#9
11-10-2009, 12:44 AM
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Quote:
Originally Posted by lilbawler2001 View Post
I always thought you were a guy.
Same here, I thought Fish was a dude (a cool one)... turns out, she's a cool chick
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