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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default Marrying Somone Who Has Overstayed; Can We Apply for Advance Parole

    First of all, thank you for taking the time for reading my post. I feel like I have done my research, and I was unable to find anything pertaining exactly to my situation, which is why I felt that in order to finally get a concrete answer, I had to begin my own thread. So please forgive me if this resembles another thread. All help is greatly appreciated.

    My fiancee entered the countly legally on her J1 work visa; her visa says "two year rule doesn't apply; spirit." However, she applied for a F1 student visa once as her work visa was about to finished. The received date for her I539 was 08/XX/06. She was sent a denial notice on 09/XX/07, but she moved from that location, so she was never received the document. Therefore, we believe she has been here illegally for over a year.

    Once we get married, we are going to send off the packet without an attorny. I feel with the help of forums like this, we can do everything on our own; thank you! However, we are unsure about one thing. We want to leave the country during summer. This probably means that we will leave before she will receive her temporary green card. However, what about advance parole? Can we apply for advance parole so that she will be assured reentry once we arrive back to the states? Or will customs most likely detain her because of her overstay? Is there anything else we can do so we can leave and be assured she will be able to reenter?

    Thank you so much for your help guys! Everything is appreciated!!!!

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

    Default Re: Marrying Somone Who Has Overstayed; Can We Apply for Advance Parole

    She can apply for advance parole and may get it, but beware - if she leaves, even with advance parole she can still be denied reentry based upon her overstay.

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