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Marrying an Illegal Immigrant Who Was Denied a Visa

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  • 05-31-2013, 08:37 AM
    rlima
    Marrying an Illegal Immigrant Who Was Denied a Visa
    Hi, I have a question about whether there is any possibility of an illegal immigrant who has left the country to come back to the US. Here is the situation: the individual initially arrived with a tourist visa, then decided to stay longer and ended up becoming illegal. After a couple of years (and after already being illegal), she decided to go back to her country of origin, and then tried the US tourist visa again from there, which got denied. She then began dating her ex-American citizen boyfriend, and they ended up getting engaged. My question is - can she legally come back to the US after being illegal and denied a visa, either with an engagement visa or marriage? I ask that because when she tried the tourist visa again last year and it got denied, she received a letter saying she had to wait 10 years to come back to the US again. But can she override that if she gets engaged or married?

    Thanks!!
  • 05-31-2013, 09:16 AM
    T53147
    Re: Marrying an Illegal Immigrant Who Was Denied a Visa
    The standards for a waiver are very high. She certainly cannot receive a waiver as a fiancee. If they wish to marry, they should expect to reside outside the USA until she completes her 10 year ban.
  • 06-03-2013, 11:48 AM
    rlima
    Re: Marrying an Illegal Immigrant Who Was Denied a Visa
    Thank you!
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