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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    over-stayed tourist visa to visit the US, now what?
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<Rubies>
Posted
before he was my husband, Roy had overstayed his tourist visa in the US. He went back to Israel, we got married over there and now I'm afraid we won't get approved because he was here over a year illegally.

does anyone have any experience with this?
thanks.
 
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<xandtrick>
Posted
Because he overstayed more than 6 months he will be subject to a 10 year ban and will be refused entry at the border.

Even the fact that you are married doesn't help much I'm afraid.
 
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<Miki>
Posted
Apply for a waiver.
 
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<Rubies>
Posted
oh man. what is a waiver?
 
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<Miki>
Posted
Rubies,
You have to be so careful and precise from here on out. You have a unique situation that is best handled by an attorney. Ask your husband to consult one over there and have him get the waiver information from the attorney. This is so important that the waiver is handled with kid gloves. Its called a waiver of inadmissability. He absolutly needs help with this.

Don't just send in a waiver form. Do it with all of the research and help available to you and VERY carefully or you could be looking at not being with your husband in the states for 10 years. It is so important. NO mistakes can be made on this one.
 
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<Rubies>
Posted
Miki,
Thank you and please excuse my ignorance.
I really appreciate your help, but I think I am having a heart attack!

Do I just sit tight, now that all my forms are in work and wait for this to come up (or get denied?) and then get a lawyer to fix it- AFTER?

He is speaking to a lawyer, and the embassy in Israel on Monday.
 
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<Miki>
Posted
Rubies,
I understand the panic. I have felt that myself. Try to relax and a bit of prayer will really help. Don't wait until things are denied. get an attorney on this as soon as possible.

When you first posted, I did not know he overstayed, but waivers have been approved and yours has a good chance if everything is done correctly.

I did not want to panic you girl, just make sure you knew the gravity of this. It's important to get it right the first time and get good legal advice before doing anything on the waiver.

I am happy to hear he is going to an attorney on Monday. My prayers are with you. Hang in. Chin up, Knees down :))
 
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