Overstaying previous tourist visa

[NashonB 0]

Hi, I have a quite a situation and i'm in need of assistance. I went to the US when i was 11, unfortunately, i overstayed for 10 years. In those 10 years, i got married to a US citizen, applied for a green card, was denied. i had to leave the country after that as i could no longer live in that kind of situation. i have been back in my home country for the past six years. i wish to try to re-enter the US, what are my chances and what would be the way to do so. Should i count my losses and move on. please please advise.

Thank

NB

[NashonB 0]

Hi, please allow me to piggy back on this conversation.

I have quite a situation i'm hoping you guys could shine a light on. I went to the US when i was 11 with a tourist visa with my parents. Unfortunately, i overstayed that visa for more than 10 years. in those ten years, i got married to a US citizen. We filed for a green card, which was denied. After that, I had to leave the US and come back home. It has been 6 years since I've been back in Tanzania. Now i'm thinking of going back to the US. What are my chances of doing so? and what would be the best way forward. Should i have my husband file for me? should i just ask for a visiting visa? is there a waiver program that i might be eligible for?

Please please assist in anyway that you can. any advise would be helpful.

Thank you

NB

[Boiler 48,036]

Why were you denied?

Is this the same husband or a new one?

[NashonB 0]

We were denied due to lack of evidence of the marriage. we were young, didn't know what we were doing at the time. Same husband

[Hypnos 6,579]

You have an INA 212 overstay bar until you're 31 (10 years from when you departed the US).

This ban is waivable under certain circumstances. Are you still married to a US citizen? Do you wish to permanently live in the US?

Edited April 20, 2016 by Hypnos

[NashonB 0]

It has only been 6 years since i departed the US, so i guess i have four more years left. Yes, I'm still legally married to the US citizen, although now we've been separated for the past 6 years. Long distance marriage is just not ideal. And yes, i would like to permanently live in the US if possible.

Edited April 20, 2016 by NashonB

[NashonB 0]

Do you think i qualify for the waiver?

[Penguin_ie 6,002]

It would have to be your USC spouse who applies for a waiver, based on hardship on HER. Ie why it is a hardship on her not to have you with her, especially after she already managed for 6 years? It would be hard to prove.

Also, why were you denied a greencard the first time, when you applied from inside the USA? While you did overstay, you came legally and overstay is normally forgiven when marrying a USC.

[Hypnos 6,579]

Perhaps EWI.

[Boiler 48,036]

He can certainly file for you, will also need a waiver.

He is with you now?

[NashonB 0]

Perhaps, although i'm highly doubtful. We were denied the green card due to lack of evidentiary support, however, we didn't appeal that decision as attorney fees are expensive. we were both pretty young, our knowledge of such things was very limited. So i got scared of getting in anymore trouble than I already was in and came back to Tanzania. So now i'm trying to find the best way back there.

[NashonB 0]

He is in Boston and i'm in Tanzania. I've been told that proving hardship for waiver is extremely difficult.

[Boiler 48,036]

What happened after you left?

[Transborderwife 4,666]

He is in Boston and i'm in Tanzania. I've been told that proving hardship for waiver is extremely difficult.

Shouldn't be that hard

[jan22 3,186]

Hi, please allow me to piggy back on this conversation.

I have quite a situation i'm hoping you guys could shine a light on. I went to the US when i was 11 with a tourist visa with my parents. Unfortunately, i overstayed that visa for more than 10 years. in those ten years, i got married to a US citizen. We filed for a green card, which was denied. After that, I had to leave the US and come back home. It has been 6 years since I've been back in Tanzania. Now i'm thinking of going back to the US. What are my chances of doing so? and what would be the best way forward. Should i have my husband file for me? should i just ask for a visiting visa? is there a waiver program that i might be eligible for?

Please please assist in anyway that you can. any advise would be helpful

Thank you

NB

Given the information in your other post (http://www.visajourney.com/forums/topic/593169-overstaying-previous-tourist-visa/), you will have a very hard time finding a legal way to get back into the US. You want to stay permanently, so that -- along with your previous overstay -- will mean you won't get a visitor's visa. You also say that, while perhaps still legally married, you really aren't involved with your husband, so it's highly unlikely he will file the necessary paperwork and take financial responsibility for you. In order for a waiver of your 10-year overstay ban to be approved, you would have to show that your presence outside the US is a hardship for the US citizen -- obviously, it has not been since he apparently has not brought up the issue in six years.