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US citizen spouse w/HRR - need advice

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  • US citizen spouse w/HRR - need advice

    J was in US on J1 with HRR. Overstayed for about 3 years, recently got married to US citizen. He didn't file i-130 for - we thought it would give no result since I am subject to 2 years HRR, and I didn't fulfill the requirement, and there's really no grounds for the waiver.
    I'm planning to leave US soon, but now the question is - will I be subject to 10 yrs bar when my husband try to sponsor my visa, after I stay at my home country for 2 yrs ?
    Should we have tried to apply for waiver or/and I-130,... etc. -it wouldn't be approved in my case, but just to file some paperwork?

    We've been to several lawyers - and there's no certain answer - one says: I think there's no problem for you to come back, another one is not sure

    Any thoughts will be greatly appreciated!
    Thanks

  • #2
    J was in US on J1 with HRR. Overstayed for about 3 years, recently got married to US citizen. He didn't file i-130 for - we thought it would give no result since I am subject to 2 years HRR, and I didn't fulfill the requirement, and there's really no grounds for the waiver.
    I'm planning to leave US soon, but now the question is - will I be subject to 10 yrs bar when my husband try to sponsor my visa, after I stay at my home country for 2 yrs ?
    Should we have tried to apply for waiver or/and I-130,... etc. -it wouldn't be approved in my case, but just to file some paperwork?

    We've been to several lawyers - and there's no certain answer - one says: I think there's no problem for you to come back, another one is not sure

    Any thoughts will be greatly appreciated!
    Thanks

    Comment


    • #3
      Why do people think that they can just disregard America's immigration laws...and the commitments that they made when they obtained their visas?

      In any event, given that you've overstayed for three years, you'll have a ten-year bar against reentry once you leave the United States. There is a waiver available.

      Comment


      • #4
        The J1 waiver will be the hardest to overcome if you're planning to adjust status without satisfying it, compound it with your length of overstay, I'll be very pessimistic. OTOH, since you already planning to leave USA and stay at your home country for 2years, this is pretty much a moot point.
        I-130 will be in order, followed by I-601 waiver to overcome the 10yr ban.

        Comment

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