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  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Default Marrying Somebody Who Overstayed on the Visa Waiver Program

    I have a pretty complex issue or so it seems to me about my girlfriend. She came to the US from France April 2007 on the visa waiver program WT ( Maximum 90 Days ). When she arrived she was only 15 years old, she came with her mom. She has not left the country since and she never had any kind of trouble with law enforcement. She is currently 19 years old and we want to get married. I am 22 years old, currently in the military but not on active duty status nor am i getting deployed in the very near future.
    I want to get married to her but i want to do this right the first time and avoid any deportation issue or bar from re-entry. Also i know i should talk with a immigration attorney about this, i just want to get a general idea or if its even possible. So witch way should i go about this? Any input would be appreciated. Thanks.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Visa Waiver Program

    First, be sure you can meet the sponsorship requirements and be VERY certain that you truly understand the responsibility.

    You will be promising the government that your fiancee will not become a "public charge". If you divorce, you could end up supporting her to the tune of 125% of the Federal Poverty Level ($1100/month is a lose guess - it varies by state). This is a huge commitment and you need to understand the ramifications. The obligation does only ends when one of these things happen:

    She leaves the country permanently (abandons her residence)
    She dies.
    She earns 40 social security quarters (works for 10 years or so).
    She naturalizes (becomes a citizen).

    Here, and on other forums, I've seen many posters flabbergasted when their spouse threatens to use the I-864 affidavit of support in order to obtain spousal support. So be sure that you understand what you're getting into.

    Now with that out of the way, marriage to a US citizen generally would forgive an overstay. However you really should speak to an immigration attorney as soon as possible; recent changes indicate that USCIS is becoming less forgiving these days.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Visa Waiver Program

    With a four year overstay, and (whatever her parents' motivation) not even the slightest hint that she personally entered with a plan to overstay, I don't think there will be an issue with the USCIS questioning the circumstances of her entry. The most likely process: you marry, file the I-130 and I-485 (and associated documents), and she remains in the country while that process is pending - if she's 19, she has more than a year of unlawful presence and will incur a 10 year period of ineligibility to return if she leaves the U.S.

  4. #4
    Join Date
    Sep 2011
    Posts
    2

    Default Re: Marrying Somebody Who Overstayed on the Visa Waiver Program

    What are they chances she will be forced to leave? Im hoping being in the military will give me some kind of lead-way to this situation but the same conditions apply as i stated above.

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