Mauro77

Im going to marry my USC girlfriend next month.
And i have 1 question.
I have applied for turist visa in 98 to visit my sister in US.
I was rejected.Reason,i think-no enough proof i will return to Slovenia (my country).
9 months ago i got my Austrian passport (i have dual citizenship) and came to usa to visit my sister.(using austr.passport-no visa need).
I have meet here an beautifull girl and we have been together about 5 months now.We are plaining to marry soon.
And we want get marry here in usa if its possibile.
Problem is that for one reason (long story) i overstayed my visa for 3 months now and i know i will have problems to enter in US again.
When i came to usa 9 m.ago i had no intention to remain here more than 2 months,but for many reasons i remained until now.

Question is - Can i have problems with INS beacuse my visa was rejected 4 years ago and i used another passport to enter in US?
What we need to do now? Do we need layer for that?



thx

Betastar

On 4 Jun 2002 13:20:08 GMT, Mauro77 <[email protected]> wrote:

    > 9 months ago i got my Austrian passport (i have dual citizenship) and came to usa
    > to visit my sister.(using austr.passport-no visa need).

I'll let someone else handle your question about the overstay...

I want to know how you managed to get dual citizenship with Austria. My husband is
Austrian, I'm American, and we were told there is NO dual citizenship in Austria
unless you basically buy your way in with either money, fame or knowledge.

Andy Platt

Where are you now? If you are still inside the US you should be able to adjust status
(assuming your fiancee is a US citizen) and I wouldn't think the previous visa
rejection would be a problem. However, it's possible, depending on the questions
asked on the visa waiver, that you should have declared the previous visa rejection -
I can't remember because it's so long since I had to use the visa waiver. That would
cause problems and I would suggest a consulatation with an immigration attorney might
be in order.

If you are outside of the US then a lot will depend on how long you overstayed. If
you overstayed by > 6 months you are subject to a three year ban on re-entering. Even
if you didn't overstay that long your overstay the previous time means you are not
allowed to use the visa waiver and must apply for an immigration visa. People have
been denied in the past because they used the visa waiver after a previous overstay
and this is considered to be fraudulent.

Andy.

--
I'm not really here - it's just your warped imagination. "Mauro77"
<[email protected]> wrote in message news:[email protected]...
    > Im going to marry my USC girlfriend next month. And i have 1 question. I have
    > applied for turist visa in 98 to visit my sister in US. I was rejected.Reason,i
    > think-no enough proof i will return to Slovenia (my country). 9 months ago i got my
    > Austrian passport (i have dual citizenship) and came to usa to visit my
    > sister.(using austr.passport-no visa need). I have meet here an beautifull girl and
    > we have been together about 5 months now.We are plaining to marry soon. And we want
    > get marry here in usa if its possibile. Problem is that for one reason (long story)
    > i overstayed my visa for 3 months now and i know i will have problems to enter in
    > US again. When i came to usa 9 m.ago i had no intention to remain here more than 2
    > months,but for many reasons i remained until now.
    >
    > Question is - Can i have problems with INS beacuse my visa was rejected 4 years ago
    > and i used another passport to enter in US? What we need to do now? Do we need
    > layer for that?
    >
    >
    >
    > thx
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Mrtravel

In his case, he says he has been here on visa waiver for 9 months and has a 3 months
overstay... I think he is mistaken.. It sounds like he has overstayed 6 months since
visa waiver is good for only 3 months...

If that is true and he leaves the US before the AOS has been completed, he will face
a 5 year ban.

Paul HelpDesk wrote:
    >
    > Considering that you are marrying USC, you have several privileges here. One of
    > them is that you are excused from your overstay on the visa.
    >
    > You should not have any problem from any of areas you stated.
    >
    > Paul @ HelpDesk

Mauro77

Hi everybody!

Thanx for your anwers!
I will try to clear my situation.
I got multiple entry visa(1 year) in my passport in us ambassy before i came to US.
And when i entered in US they gave me I94 for 6 months.
It is WHITE paper and not green,so i think it is not wisa waiwer.
(i know that austria is under VW program but i dont have any idea why they gave me I94 -not waiver!-maybe beacuse of my multiple visa).
Anyway,my bigest problem is -
When i filed for multiple visa one of quetion was: have u ever aplied for visa before?
I anwered no,beacuse if i aswered yes it would be end for me.
I realy wanted to visit my sister beacuse we were separated more than 5 years.
And i had not any intention to remain in US.(i left my job,house,bank account...)
We are affraid now what will happen when we apply for AOS!
I dont have problem to return in my home country but im affraid that it will be more difficould to do it from there.
And we dont want to be separated for long time.
An person here told me that i dont need to worry about that beacuse it was long time (4 years) when my first visa was denied and they (ins) will not know nothin about that.
But im still afraid,and i want to be honest with INS if they ask me for my immigration records.
But they can say then i entered in US with visa fraud. Right?
And it will be end for us.
thanx

Mrtravel

Mauro77 wrote:
    >
    > Hi everybody!
    >
    > Thanx for your anwers! I will try to clear my situation. I got multiple entry
    > visa(1 year) in my passport in us ambassy before i came to US. And when i entered
    > in US they gave me I94 for 6 months. It is WHITE paper and not green,so i think it
    > is not wisa waiwer. (i know that austria is under VW program but i dont have any
    > idea why they gave me I94 -not waiver!-maybe beacuse of my multiple visa).

That clears it up. You didn't mention the visa. You did mention the waiver, so I
asusmed you had use the waiver program.

Anyway,my bigest problem is
    > - When i filed for multiple visa one of quetion was: have u ever aplied for visa
    > before? I anwered no,beacuse if i aswered yes it would be end for me.

Get a lawyer....

It wouldn't have been the end for you if you were truthful. After all, being denied a
visa doesn't permanently block you from getting one. In Fall 2000, my mother in law
was denied one in Russia. In Fall 2001, she got it.

I don't know why you said it would be the end, if all you wanted to do was visit your
sister. After all, she could visit you in Austria.

In the post 9/11 INS World, you do NOT want to be caught lying to INS. I also
recommend that you NOT overstay at all if you can help it, and in NO case overstay by
over 180 days. Get a lawyer, because if INS denies your AOS, you could be banned.

Andy Platt

Get an attorney. You made a fraudulent visa application and will need to discuss your
situation with an attorney.

Andy.

--
I'm not really here - it's just your warped imagination. "Mauro77"
<[email protected]> wrote in message news:[email protected]...
    > Hi everybody!
    >
    > Thanx for your anwers! I will try to clear my situation. I got multiple entry
    > visa(1 year) in my passport in us ambassy before i came to US. And when i entered
    > in US they gave me I94 for 6 months. It is WHITE paper and not green,so i think it
    > is not wisa waiwer. (i know that austria is under VW program but i dont have any
    > idea why they gave me I94 -not waiver!-maybe beacuse of my multiple visa).
    > Anyway,my bigest problem is
    > - When i filed for multiple visa one of quetion was: have u ever aplied for visa
    > before? I anwered no,beacuse if i aswered yes it would be end for me. I realy
    > wanted to visit my sister beacuse we were separated more than 5 years. And i had
    > not any intention to remain in US.(i left my job,house,bank account...) We are
    > affraid now what will happen when we apply for AOS! I dont have problem to return
    > in my home country but im affraid that it will be more difficould to do it from
    > there. And we dont want to be separated for long time. An person here told me
    > that i dont need to worry about that beacuse it was long time (4 years) when my
    > first visa was denied and they (ins) will not know nothin about that. But im
    > still afraid,and i want to be honest with INS if they ask me for my immigration
    > records. But they can say then i entered in US with visa fraud. Right? And it
    > will be end for us. thanx
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Paul Helpdesk

Considering that you are marrying USC, you have several privileges here. One of them
is that you are excused from your overstay on the visa.

You should not have any problem from any of areas you stated.

Paul @ HelpDesk