Agentb

can anybody help I have called six lawyers and everybody tells me somthing different,
I met a girl while she was on a vacation visa from trinidad, she overstayed by more
then a year. We want to get married and come back to the USA, what is the best
approach to this matter, is there a waiver that can be used or am I just screwed, I
am considering moving there , I am a US citizen....all advice welcome

Lord Hamster

Please don't take my advise to seriously as I'm by no means an expert... this is just
what I've heard:

If you overstay by 6 months, an automatic 3 year bar to entry kicks in. If you
overstay for 1 year, the bar becomes a 10 year bar.

HOWEVER: I believe that marriage to a US citizen cures many of these problems. I
belive I heard once that if the infraction is simply an overstay, marriage to a USC
can fix it. But again... this is just heresay. I'd like to see some confirmation from
the group.

"Agentb" <[email protected]> wrote in message
news:[email protected]...
    > can anybody help I have called six lawyers and everybody tells me somthing
    > different, I met a girl while she was on a vacation visa from trinidad,
she
    > overstayed by more then a year. We want to get married and come back to
the
    > USA, what is the best approach to this matter, is there a waiver that can
be
    > used or am I just screwed, I am considering moving there , I am a US citizen....all
    > advice welcome

Mrtravel

Lord Hamster wrote:

    > Please don't take my advise to seriously as I'm by no means an expert... this is
    > just what I've heard:
    >
    > If you overstay by 6 months, an automatic 3 year bar to entry kicks in. If you
    > overstay for 1 year, the bar becomes a 10 year bar.

He would need a waiver proving "hardship" by INS standards. So, he would go through
the normal process, get denied, then file the waiver application.

Alvena Ferreira

    > Lord Hamster wrote:
    > > Please don't take my advise to seriously as I'm by no means an expert... this is
    > > just what I've heard: If you overstay by 6 months, an automatic 3 year bar to
    > > entry kicks in. If you overstay for 1 year, the bar becomes a 10 year bar.
    >
mrtravel wrote:
    > He would need a waiver proving "hardship" by INS standards. So, he would go through
    > the normal process, get denied, then file the waiver application.

Correct. In fact, the fiance or spouse could have the waiver form ready to submit at
the interview at the time of the denial. HOWEVER, that being said, in my experience
the caribbean consulates are "hard" consulates. He should expect a fairly lengthy
wait. And I would recommend marriage instead of fiance visa. They would give more
credence to a marriage from what I have seen posted here.

He would have to show (for the waiver) as many reasons as possible why he could not
live in Trinidad. He has already pretty much stated that he could live there. So he
might have problems doing this.

Alvena

Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================

Mani

"Agentb" <[email protected]> wrote in message
news:<[email protected]. net>...
    > can anybody help I have called six lawyers and everybody tells me somthing
    > different, I met a girl while she was on a vacation visa from trinidad, she
    > overstayed by more then a year. We want to get married and come back to the USA,
    > what is the best approach to this matter, is there a waiver that can be used or
    > am I just screwed, I am considering moving there , I am a US citizen....all
    > advice welcome

Is she here in or outside of United States? If she is in the United States, her
overstaying would be forgiven based on her marriage to you(a US Citizen). I do not
know what is the guidelines for someone outside the United States.

I would visit(or write to) the nearest INS office and ask them what the rule is. They
should be able to provide you the correct answer.

Thanks