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  1. #1
    Join Date
    Feb 2011

    Default Waiver to the 10 Year Penalty

    Hello all, I have a loved one who originally entered the U.S. on a tourist visa...she overstayed her visa by more than a year and is now subject to the 10 year waiting period for reentry.

    My question is if I agreed to marry her within her own country would she qualify for a waiver to this penalty? If so, what kind of paperwork (visa, or type of petition) would I have file on her behalf? I am a US citizen and I knew her for almost a year prior to her voluntarily leaving the country (she was not deported) in early 2010.

    Since then she and I have discussed the possibility of getting married, although if her reentry is barred for 10 years it's less likely to happen...since I don't see myself moving to Ecuador anytime soon.

    Thanks in advance for your attention to this post and have a great day!

    Oops, just realized this might not be in the appropriate sub forum....since my friend was not actually deported. Beginner's mistake.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Waiver to the 10 Year Penalty

    No, simply getting married to somebody who is subject to a bar is not grounds for a waiver.

  3. #3
    Join Date
    Mar 2007

    Default Re: Waiver to the 10 Year Penalty

    We also do not typically suggest people commit fraud to enable immigration.

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