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Filed: Country: Thailand
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My dear friend of 15 years accepted my marriage proposal. I'm excited.  I visit every year from USA to Thailand to see her, other friends.

She lived in the USA for several years, and managed to get caught in a visa overstay situation (she moved and the mail did not get to her).

So she has been banned from reentering the USA for 10 years.  It's been nearly 6 years into that ban.  

The question is:  if I go to Thailand to get married, will she be able to now get a spouse visa?  Or will the ban prevent her, as my wife, from getting a Visa to USA?

And if so, can I/she petition the ban?  It was not her fault she overstayed (by a few months).

 

 

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She has to wait until the ban is done. By the way, it was absolutely her fault to overstay lol. 

 

Other mighy have info If some waivers apply to her. But you can file waiver only after she gets denied on the interview. So you're still looking at least at 2 years of waiting spouse visa + waiver. P

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: Citizen (apr) Country: Argentina
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she did not overstay by a few months,

 

a 10 year ban means she overstayed for over a year  and as you said yourself, she lived years in the US, how much of that time was illegally living? More than a year for a 10 year ban. from 6 months to a year of overstay, carries a 3 year ban.

 

she will need to file a waiver to overcome the 10 year ban, she will be denied at the interview and she will know if she is eligible to file the i601 waiver

 

you will have to do the hardship letter, you will have to prove hardship, how great your hardship is because she can't enter the country, and reasons why you cannot move to her country or another country to live with her

 

 

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Filed: K-1 Visa Country: Wales
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Has been a member for 9 years.

 

Posting for a friend?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
Timeline
50 minutes ago, IrvineCAGuy said:

She lived in the USA for several years, and managed to get caught in a visa overstay situation (she moved and the mail did not get to her).

Makes little sense as to how the overstay is not her fault....it's not like she needed to wait for mail to arrive to tell her that her initial visa was about to expire.

 

You marrying her will not automatically forgive/overturn the ban.  

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: IR-1/CR-1 Visa Country: Austria
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Your „dear friend“ and not your girlfriend?!

why‘s that? are you actually in love with her and wanna be with her or are you trying to help her move back to the US?!

 

Also, whose fault is it for her overstaying if not hers? WHich by the way mist have been a little longer than a few months since she has a 10 year ban!

 

But yeh...sure, get married, file for spousal visa, get denied, see if you can file a waiver, and if you get approved at some point, live together as a happy couple....or dear friends, whatever suits you 🙄😂

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Filed: Country: Thailand
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3 hours ago, aleful said:

Question,

 

why did you refer to her as your dear friend? I hope you aren't trying to "help" your friend get back to the US by marrying her. You didn't refer to her as your girlfriend and that you have been visiting her as her boyfriend.

 

 

 

 

She is a girl-friend.  We've been friends for 15 years so it was just a term. We're in love and plan to stay together if I don't get too old before she can be granted a Visa so we can be together.

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Filed: Citizen (apr) Country: Taiwan
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5 hours ago, IrvineCAGuy said:

It was not her fault she overstayed (by a few months)

If she has a 10 year ban, her overstay was for at least a year.......not a few months.......something seems amiss here....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Wales
Timeline

Sounds like you might be retired, could you move?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Didn't you also petition for your parents? Make sure you're not being used by people as a stepping stone into the country.

 

If she has a ban, marrying a USC will not remove it but could make her eligible for a waiver. The only way to find out if she is eligible for a waiver is to see the whole process through and see what happens at the embassy when she is denied. 

 

By the way, using the other passport does not hide the ban either. Dual nationals must declare that they are dual nationals when they apply. When asked if they have ever overstayed or been denied a visa, the questions refer to all citizenships that one may have. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: Canada
Timeline

Have you considered moving to be with her?  Having visited Thailand each year and having friends there, as you say, would be an advantage you have over many others in your same boat.   Perhaps live abroad yourself in your golden  years?

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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