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  1. #1
    Join Date
    Feb 2008
    Posts
    4

    Default E3 Visa And Overstay Fiance

    My fiancee is a honduras national and has overstayed his visa by almost two years now. I own property in Australia and one day would like to return to my family once we are married. What are our options for ensuring that we are BOTH allowed entry back to the USA. He has family here that are permanent residents and daughters under 18 applying for PR status with thier mother.
    Can he leave the country easily, do we need a laywer to appy for voluntary exit? If we need to return to visit can he apply for are new visa in Australia? Will they grant him a visa with these circumstances?
    Thank to anyone with advice!

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

    Default Re: E3 Visa And Overstay Fiance

    If he's been in the U.S. for two years out-of-status, he's going to face a ten year period of ineligibility to reenter the U.S. if he leaves the country. You can marry, petition to adjust his status, then either seek advance parole for him to travel or wait until he has permanent residency.

  3. #3
    Join Date
    Feb 2008
    Posts
    4

    Default Re: E3 Visa And Overstay Fiance

    Thank sou so much for replying, the information available is so confusing. I am an Australian National and my visa is a specialty proffesion work visa and is in two year indefinatley renewable periods. I had thought about making an application for change of status for him once we get married so that he could have E-3D (dependent status) but because he has been out of status for 18 months I expect the chances of that being approved are slim to none? At least with a visa staus he could get work authorization and then possibly eventually work sponsorship and then perm. residency? As the risk of not being granted a tourist visa from australia might be quite high.
    Also if we make an application for an E-3D visa when see he is out of status would they take action to have him deported?
    Also he has a A ITN tax id number if that makes any difference.

    Buy the way it is a really great service this forum provides, so thank you again!

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