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marriage abroad to USC after H-1 overstay

marriage abroad to USC after H-1 overstay

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Old Aug 26th 2005, 9:15 pm
  #1  
Kover
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Default marriage abroad to USC after H-1 overstay

hello all.
a friend of mine , who went back to his country after being out of
status (h-1 b) wants to get married to his american girlfriend. the
date on his i-94 is still current.
will he be able to get a GC since he left before his overstay was
discovered?
will he need a waiver?

thank you, waiting for your comments...
 
Old Aug 27th 2005, 4:18 am
  #2  
crg
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Default Re: marriage abroad to USC after H-1 overstay

Originally Posted by Kover
hello all.
a friend of mine , who went back to his country after being out of
status (h-1 b) wants to get married to his american girlfriend. the
date on his i-94 is still current.
will he be able to get a GC since he left before his overstay was
discovered?
will he need a waiver?

thank you, waiting for your comments...
If he didn't stay at least six months more than the expiration of his I-94, or revokation of his petition then he would not require a waiver. However, he'd need to answer "yes" when asked if he was ever in the US in violation of the law, or violated the terms of a previous US visa.
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Old Sep 1st 2005, 8:58 pm
  #3  
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Default Re: marriage abroad to USC after H-1 overstay

They'll know that he overstayed, don't ask me how but they find out. My cousin went to the US about 3 years ago and he's a bit of a dozy pillock and missed his flight back by a week - said he was having so much fun !!!

Rather than telling anyone that his visa expired and trying to sort it out properly, he just booked another flight and left the country (Back to the UK).

The following year he flew out to the US for another holiday. He was stopped at the airport and deported because he broke his previous visa. He was booked onto the next flight out and my uncle had to pick up the bill.

You can imagine the reception he got when he returned.

My advice is sort it before you fly out or it could be an expensive waste of time!!

Louise

Originally Posted by crg14624
If he didn't stay at least six months more than the expiration of his I-94, or revokation of his petition then he would not require a waiver. However, he'd need to answer "yes" when asked if he was ever in the US in violation of the law, or violated the terms of a previous US visa.
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Old Sep 2nd 2005, 5:32 pm
  #4  
 
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Default Re: marriage abroad to USC after H-1 overstay

Originally Posted by Kover
hello all.
a friend of mine , who went back to his country after being out of
status (h-1 b) wants to get married to his american girlfriend. the
date on his i-94 is still current.
will he be able to get a GC since he left before his overstay was
discovered?
will he need a waiver?

thank you, waiting for your comments...
It will be handled at the Consulate when he applies for the appropriate Immigrant Visa, after she travels outside the US to marry him.
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