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  • visitor visa

    I am an Australian citizen. My US partner moved to Australia with me 2 years ago. We are planning to get married in the USA next year if I can get a visa. Our wedding was planned in Australia but my partners father is unwell and he will not be able to make the trip. We would like to visit teh USA for three weeks and get married while we are there adn then return to Australia. The problem is that I overstayed my visitors visa while waiting for Dan's Australian residency to come through. I am not sure if I will be able to get a visitor visa to return to the USA, marry Dan and leave again. Can we apply for a visa in extenuiating circumstances. Can anyone help me out??

  • #2
    I am an Australian citizen. My US partner moved to Australia with me 2 years ago. We are planning to get married in the USA next year if I can get a visa. Our wedding was planned in Australia but my partners father is unwell and he will not be able to make the trip. We would like to visit teh USA for three weeks and get married while we are there adn then return to Australia. The problem is that I overstayed my visitors visa while waiting for Dan's Australian residency to come through. I am not sure if I will be able to get a visitor visa to return to the USA, marry Dan and leave again. Can we apply for a visa in extenuiating circumstances. Can anyone help me out??

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    • #3
      Depending on how long you overstayed you will be barred from entry.Less than 180 days overstay results in a 3 year ban more than 180 days in a 10 year ban.

      You will not be given an exception I'm afraid. If you mention that you will get married in the US they will suspect that you might want to stay permanently.

      You can always try and apply and hope you slip through the mazes but I wouldn't keep my hopes up.



      http://www.immigrate2us.net
      I am not a lawyer nor do I claim to be one so please double-check any information given by me, or anyone else for that matter, with a certified (immigration)lawyer before you take any further steps.

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      • #4
        Even if your overstay is less than 180 days, you will probably never get another non-immigrant visa again. I imagine that you didn't actually have a visa, but actually entered under VWP. Formerly they probably would not have noticed, but all that has gotten tightnedup. I wouldn't make plans for a wedding you might not be able to attend...

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        • #5
          I did enter on a VWP and overstayed for more than 180 days. Stupid I know but I wasn't prepared to leave the US without my partner for fear that his Australian visa would be denied. What is the waiver of inadmissibility, does that apply. How about if we get married in Australia, at a court house or something and then when we arrive in the states, hold the wedding we are so wanting to have, you know, family and all that. Does anyone have any ideas about that type of thing?

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          • #6
            I guess you could file a waiver but it will take years before approval and there is alot of chance that it will get denied.

            Let me make this clear, you can NOT enter the US any longer using the VWP, you need to obtain a visa which won't be issued because of your overstay.

            Good luck.
            I am not a lawyer nor do I claim to be one so please double-check any information given by me, or anyone else for that matter, with a certified (immigration)lawyer before you take any further steps.

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