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  1. #1
    Join Date
    Sep 2005
    Location
    manila
    Posts
    1

    Default Married After Overstaying Visa

    if the situation is like this:

    for example
    i was married to a us citizen, who was by that time still assigned in italy.
    i was only given 6mos to stay, aug-feb, i overstayed because i got married april when my husband went to ny for a vaction, when we got married in april im already out of status, but is already married to a us citizen, i went hme to the philippines, june because i need to attend to personal matters.

    what would be the status of my visa. and is there still a way that i could come back to the us because my hsband was re-assigned in newport, rhode island.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I NEED ADVICE

    Quote Quoting lenbraga
    i was only given 6mos to stay, aug-feb, i overstayed because i got married april when my husband went to ny for a vaction, when we got married in april im already out of status, but is already married to a us citizen,
    Your husband was already married to somebody else when he married you?

    Quote Quoting lenbraga
    what would be the status of my visa.
    You previously said that your visa expired.

    Quote Quoting lenbraga
    and is there still a way that i could come back to the us because my hsband was re-assigned in newport, rhode island.
    He can petition for a spouse visa, assuming you meant something else about his already being married, and your overstaying doesn't get in the way of the immigraiton process. You may benefit from consulting an immigration lawyer.

  3. #3
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    Hello,

    Hve you/your husband ever filed an I-130 and/or an I-485?

    If not, your husband should file for K-3 visa or an immigrant visa.

    This reply is in the nature of general information, not legal advice and should not be relied on as such.

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