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  • Re-entry into the US

    I have a question that I hope someone can help me with. I am married to an American. We were married in February 2005. This all took place while I was ona tourist visa. I freely admit to overstaying my visa (by 5 months). My husband and I were in the process of trying to do things properly and legally with a lawyer etc but with only my husband working it was very difficult. So I voluntarily left and went back to Australia to earn money to do all of this. My question is, what might the penalty be on my visa? Six months no re-entry? 12? More? Please if someone could help I would be so grateful. I married my husband because I love him. Not because I wanted an easy way into the US. Please help us.

  • #2
    I have a question that I hope someone can help me with. I am married to an American. We were married in February 2005. This all took place while I was ona tourist visa. I freely admit to overstaying my visa (by 5 months). My husband and I were in the process of trying to do things properly and legally with a lawyer etc but with only my husband working it was very difficult. So I voluntarily left and went back to Australia to earn money to do all of this. My question is, what might the penalty be on my visa? Six months no re-entry? 12? More? Please if someone could help I would be so grateful. I married my husband because I love him. Not because I wanted an easy way into the US. Please help us.

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    • #3
      I would say your lawyer have done you a tremendous disservice if they suggested nor stop you from returning home first.... Your case should be a pretty straightforward one, without the need of a lawyer to begin with.

      The only ban applicable in this situation is the 3yr ban which is applicable if you've overstayed for over 180days and the 10yr ban if you've overstayed for more than 1yr. Since this wasn't the case, you're not under any type of bar from reentering the US. The only problem is you've overstayed once which is a negative mark in the USCIS record.

      Having said that, I believe your best bet will be to do DCF in one of the US Embassy in Australia.

      Check this link for more information:
      http://www.usaimmigrationattorney.co...countries.html

      Comment


      • #4
        Was this lawyer from NJ? hmmmm

        Your marriage and subsequent pursual of an immigrant visa demonstrates and intent to immigrate. Therefore I doubt you will be allowed to reenter on a visitor visa especially considering your last overstay.

        You will need to start processing the green card via consular notification. My advice is for your husband to file the I-130 As soon as possible. If possible he may want to explore the possibility of staying with you down under while the consular processing goes forward.

        The only other option would be for you to pursue a non immigrant visa that allows for "duel intent" such as an H-1B or L-1 visa. Both of these however must be filed by a U.S. employer.

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