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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default F1 Visa Overstay and American Would Like to Marry. What Are Options for Re-Entry

    Hi,

    My boyfriend and I would like to get married (I am a US citizen), and we are trying to determine if it would be possible for him to return to the United States after overstaying his visa. Here are the details.

    He came to the US on an F1 Student Visa with D/S status on his I94 in September 2004. His visa was valid for two months. He overstayed by 3 years, and stopped taking classes after only 2 months. He left the US in May 2008 voluntarily and without incident.

    We would like to know if it will be possible for him to re-enter, if we would have better chances if we get married in his country and try for a marriage visa or if we try for a fiance visa and marry when he comes to the U.S, and what sort of timeline we could expect. Has anyone dealt with a similar situation, and if so, what was the outcome?

    I have found the following statement, and would like to know if it would apply to him, since he has never been contacted by any officials regarding his overstay, or if it is not valid since he stopped taking classes while he was here?:

    “If I-94 is valid for Duration of Status (D/S), unlawful presence begins only if and when an INS judge or adjudicator declares the person in violation of status.”

    Any help is greatly appreciated. We are also looking for an immigration lawyer that has had success with this type of case, and any recommendations would be welcome. Thank you for any advice!!

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

    Default Re: F1 Visa Overstay and American Would Like to Marry. What Are Options for Re-Entry

    The language you quote means that even with his unlawful presence, it's possible that he did not accrue any time that will trigger a period of ineligibility, and that he would thus qualify for a fiancé visa or spouse visa. I can only go with what you've told us, and I don't have all the facts nor can I access them, so I make no promises that there are things I (and you) don't know that could change things.

  3. #3
    Join Date
    Nov 2009
    Posts
    1

    Default Re: F1 Visa Overstay and American Would Like to Marry. What Are Options for Re-Entry

    hello jovan, i am an over stay student too. and you said that your friend left use after 4 year . can you please tell me if your friend left usa smoothly ? did he have to to a huge fine after a long time over stay, and did he need an attoney for his case.
    i have overstayed in usa almost 5 years, i am really tired with my situation and now i really want to leave us to go back home but i am scare that they will put me in jail or give me huge fine.
    i am really appreciate your answer.

  4. #4
    Join Date
    Apr 2010
    Posts
    1

    Default Re: F1 Visa Overstay and American Would Like to Marry. What Are Options for Re-Entry

    Hi Everyone, evern this topic is old, this applies to my situation right now and I'm dying to know the outcome. Can Lisa tell me what happened afterwards, as 1 year has passed?
    Tuangkgl: ban co phai nguoi Viet khong? Tui minh cung canh ngo day

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