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  • 10 year ban need help

    hello , i have a problem , here is mt situation maybe somebody can help me. i overstayed my visa in the us by 4 years, then i got married to a us citizen , we then left to live in korea for a year without filing any paper work ,we started the process in korea , we got passed the homeland security stuff and we went to the next stage but aftewr reading it we discovered that we may have triggered a 10 year ban. is this true. when i did leave i did not get my passport stamped or i didnt sign any forms so nothing was said to me i was totally unaware of this ban, can anybody advise me. please

  • #2
    yes, when one overstays by more than 1 year, a 10 year bar starts the moment that person leaves the US. No formal information is given to the people when they are leaving...
    Background checks are about criminal convictions not overstays...I guess you haven't had the visa interview yet...At the interview, you would most likely be found ineligible for a visa because of the 10 year bar.
    The only way to get an immigrant visa before 10 years are up is to prove that your spouse would suffer an extreme hardship if you are not able to return to the US with her...Start looking at I-601 waivers.
    Waivers are filed at the consulate after visa is denied.

    Comment


    • #3
      aneri, i am unsure where irishman is at this time in Korea or now in America?

      Are overstays forgiven on marriage to a USC - but i suppose this is if ur still in America? Would i be right to assume that?

      Comment


      • #4
        thanks for the replys guys , i am currently in korea , i have been here a little over a year ,i may be able to get back into the states because they dont know my departure date and take my chances from there but then i have commited visa fraud. catch 22.

        Comment


        • #5
          why have u committed visa fraud?

          You said ur applying in Korea?

          When are u planning on returning to the USA. With a visa pending? Or are u waiting to come back and then file the rest ?? If u are filing the lot in Korea and doing the visa interview there then ur probably going to be confronted with the overstay question. Because although there is a record of u arriving there is not a record of u leaving. This will be recorded somewhere. They probably have no idea how long u overstayed for but looking at ur passport and providing u entered the usa legally there is always an admittance stamp DATED!!!

          If ur planning on coming back while ur paperwork is pending ur going to be only coming back for a visit and because u already have something pending there is an intent question arrising.

          As i said before had u been in the usa on an overstay and filed ur paperwork before u left to go to Korea ur overstay is normally forgiven. The fact that u are in Korea complicates matters and as aneri stated only on extreme hardship are u going to get over this hurdle.

          Comment


          • #6
            Whether you had filed before leaving is irrelevant, you would need to have obtained a Green Card for there to be no ban issue.

            As far as the overstay is concerned, they know when you entered, and if you handed in the I-94W, they know when you left. If they did not then they assume you are still here and it is up to you to prove that you departed on time, which you obviously can not.

            I-601's are quite common, if you are Irish you might have a better chance filing in Ireland, see www.immigrate2us.net and www.visajourney.com for more information.

            I do not know how long they take to process in Korea, 9 months or so is normal.

            To travel as a Visitor to the US you can no longer use the VWP, you would need a B2 and its waiver - I-192. Which might be a big ask in your situation.

            Comment


            • #7
              and to Mr Potatoe Head....you will no doubt be pleased to learn that I have forward these postings to friends at DHS....so when you try to enter the US, with Korean stamps on your passport, they will assume that you are the person that is trying to scam our system....and then, you will be hauled into something they call 'secondary inspection' where you should bring a book, since you will be there for a while before being booted back to wherever you came from....have a nice flight...

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              • #8
                I have also sent these to our embassy in Seoul....just like to keep things honest and above board.....

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                • #9
                  Originally posted by Someone12:
                  and to Mr Potatoe Head....you will no doubt be pleased to learn that I have forward these postings to friends at DHS....so when you try to enter the US, with Korean stamps on your passport, they will assume that you are the person that is trying to scam our system....and then, you will be hauled into something they call 'secondary inspection' where you should bring a book, since you will be there for a while before being booted back to wherever you came from....have a nice flight...
                  LOL, Potato head!
                  "If the facts don't fit the theory, change the facts." --Albert Einstein

                  Comment


                  • #10
                    Originally posted by ntfd3:
                    Are overstays forgiven on marriage to a USC - but i suppose this is if ur still in America? Would i be right to assume that?
                    correct...

                    irishman.. don't assume anything: you'll be asked about your trips to the USA and how long you had stayed...
                    I am guessing you got married while being illegal...so it is enough to look at your marriage certificate

                    Comment


                    • #11
                      hey someone, go **** yourself. im going to ireland so dont worry your little head about it you stupid ****.my people have come to your country for god knows how long. in fact you call your self american , are you a ****en native indian? no didnt think so you ,all americans are immigrants, so you get off your high horse and mind your own ****en business. ill be happy to go home to get away from people lke you

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                      • #12
                        aneir and theone thanks for your replies ,my best option is to stay here or go to ireland , i do have a better chance of gerring my waver from there.

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                        • #13
                          and another point worth noting my someone friend is, the only reason i want into the stated is because of my wife , who is american , im educated and im not trying to feed off your system. im in korea right now and im doing fine. i have lived in many european countries making a living and paying my taxes. i like to travel.what about you my stupid friend. have you actually travelled outside your country? have you lived and worked in other countries? nope didnt think so.its a big big world out there my friend you should go and have a look and see whats going on . the world is not america.you should also look at your family tree and see where you actually come from you might be surprised at the results , thats if you have the brain capacity to figure out how to do this.so dont worry about me im fine and dandy .worry about yourself my friend and do please have a look at your history and get back to me, good lad.

                          Comment


                          • #14
                            Dear Mr Potatoe Head: now you are on the run...I am glad to hear that you are going back to the land of potatoes and irresponsible behavior....good riddance.
                            As always, dirtbag illegals, like Mr. Potatoe Head, try to haul out the "you are not a native indian" routine...when they are faced with their irresponsibility and lack of respect for US laws....why is it virtually no AMerican wants to immigrate to Ireland?
                            As for travel, I have been to or lived and worked in more than 22 countries....far more than you could find on a map, laddie.

                            Comment


                            • #15
                              Originally posted by Someone12:
                              Dear Mr Potatoe Head: now you are on the run...I am glad to hear that you are going back to the land of potatoes and irresponsible behavior....good riddance.
                              As always, dirtbag illegals, like Mr. Potatoe Head, try to haul out the "you are not a native indian" routine...when they are faced with their irresponsibility and lack of respect for US laws....why is it virtually no AMerican wants to immigrate to Ireland?
                              As for travel, I have been to or lived and worked in more than 22 countries....far more than you could find on a map, laddie.
                              I'd rather be a potatoe head than a COMPLETE MISERABLE LIFE-LESS LOSER like you are.

                              Comment

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