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British Citizen Married U.S. Citizen then Overstayed

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  • 05-18-2011, 11:43 AM
    wardens22
    British Citizen Married U.S. Citizen then Overstayed
    Hello Everyone,

    I have read through a lot of different threads and I sure hope you all can give me as good advice as I have seen on those posts.
    Our situation is this. My wife is a British Citizen and I am a US Citizen. We have been dating since 05. She had been back and forth visiting me for a couple of years until we married in early 08. She continued to go back and forth never overstaying. The last time she went over in late 09 she changed her British passport to my sir name. That was her last trip back to England and she was just here on a 90 day visa. We just couldn't bare to be apart any longer so she has overstayed now for a little over a year. We just didn't have the money to do the I130, I485. The questions are these, since we have been married for 3 years but she has overstayed for 1 year, do we need to hire an attorney? Will we have any complications trying to get her legal like them wanting to ban her for 10 years? Any help would be greatly appreciated. Also if anyone has any ideas where we may get legal aid for this please help us out.
  • 05-18-2011, 03:08 PM
    T53147
    Re: British Citizen Married U.S. Citizen then Overstayed
    You don't need an attorney but you do need to find the money to make her legal via the marriage to a USC. It will be easier to do so before an order of deportation - and she will be able to work legally relatively quickly.

    Several social service agencies provide legal assistance based on ability to pay should you want legal assistance.
  • 05-19-2011, 07:52 AM
    wardens22
    Re: British Citizen Married U.S. Citizen then Overstayed
    Thank you very much for responding and for your thoughts. It is much appreciated.
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