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  1. #1
    Join Date
    Jun 2008
    Posts
    4

    Question Should We Apply For A Fiance Or A Spouse Visa

    I lived in the U.S. for 3 years illegally after a J1 student work visa.
    I returned home with my girlfriend (U.S. citizen) and we later got engaged.
    3 and half yrs later she returned to the U.S. to be with her ill mom. I stayed for fear of getting refused.
    I got told and convinced that I had nothing to worry about by someone who I thought was a good source.
    Well I tried to visit her for 2 weeks but got refused and they said I need to apply at the U.S. Embassy every time I want to get into the U.S. now. I think it was section 214(b)
    Is it possible they will ban me? We were planning on marrying in my country and then we'd apply for a spouse visa. What do you think is our best option? Is there a risk I will get banned for 5-10 years?

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

    Default Re: Should We Apply For A Fiance Or A Spouse Visa?

    If your overstay triggered a ten year period of ineligibility, as I expect, then you will not be eligible to reenter the United States unless you first obtain a waiver of your ineligibility. You have not stated any grounds under which you might qualify for an exemption. I suggest consulting an immigration lawyer.

  3. #3
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Should We Apply For A Fiance Or A Spouse Visa

    What are some of the reason that may qualify me for an exemption?
    Or anyone one for that matter?
    I really hope I'm not banned for 10 years. That would put an awful financial strain on things as my finance would be traveling to and from Chicago a lot to see her sick mother.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Should We Apply For A Fiance Or A Spouse Visa


  5. #5
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Should We Apply For A Fiance Or A Spouse Visa

    Thanks for your quick reply.

  6. #6
    Join Date
    Jun 2008
    Posts
    4

    Default Re: Should We Apply For A Fiance Or A Spouse Visa

    So a marriage would not overrule, so to speak, the potential ban?

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