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Waiver visa overstay, marrying USC, help with process

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  • Waiver visa overstay, marrying USC, help with process

    Has anyone had experience with Waiver Visa overstay for over 18 months, then marrying a USC ?
    In particular I want to know is there a chance of having to go back to my original country until the case is finalized (I am from Australia) Can you prove hardship, ie financial or emotional to plead to stay with my husband and step child and how hard is it to complete all the paperwork and interviews without a lawyer? How long on average does it take, from initial filing to be granted permission to work and finally be allowed to leave the country to visit family in Australia? Thanks in advance.

  • #2
    Has anyone had experience with Waiver Visa overstay for over 18 months, then marrying a USC ?
    In particular I want to know is there a chance of having to go back to my original country until the case is finalized (I am from Australia) Can you prove hardship, ie financial or emotional to plead to stay with my husband and step child and how hard is it to complete all the paperwork and interviews without a lawyer? How long on average does it take, from initial filing to be granted permission to work and finally be allowed to leave the country to visit family in Australia? Thanks in advance.

    Comment


    • #3
      Marriage to a USC normally cures an overstay if you entered with inspection. Visa Waiver is an entry with inspection, but you waive several rights when entering under this program. Read the regulations on this to see what you waived.

      Please note that if you leave the U.S., then you will be subject to a 10 year bar to reentry. info@myronmorales.com

      Comment


      • #4
        Advance Parole would normally allow you to leave and re-enter the US, however, as you overstayed more than 180 days this does apply to you.

        If you leave the country you will be barred upon re-entry for 10 years.

        You will have to wait till the AOS is finalized.

        Times depend on service center and lots of other factors.

        Comment


        • #5
          Isnt it that when you enter the US on the VWP that you cannot (under any circumstance) change your status?

          Comment


          • #6
            true but there is a litlle loophole saying you can if you are an immediate relative of a USC which being a spouse is.

            Comment


            • #7
              Gotcha Thanks!!!!

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