QUESTION

Can I get a visa once more and marry?

Asked on Mar 01st, 2012 on Immigration - California
More details to this question:
Me and my fiancee of ten years want to get married in the US if I could obtain a visa through a waiver of inadmissibility. I overstayed my visa for 10 years and voluntarily left the country going to my country of origin. She's been in and out of the hospital due to heart problems before I left September 2011. She's been experiencing extreme hardships ever since I left. She can't come to my country neither because of her condition. Is there a chance for me to be able to get a visa to come back for her and marry her?
Report Abuse

4 ANSWERS

Immigration Law Attorney serving Troy, MI
Partner at Hilf & Hilf PLC
3 Awards
It sounds you have an excellent waiver case.
Answered on Jul 02nd, 2013 at 1:47 AM

Report Abuse
If you apply for a waiver and are able to show extreme hardship to a US citizen spouse (you'd have to be married in order for her to be able to show the hardship as your spouse) then you have a chance of getting the waiver granted.
Answered on Mar 05th, 2012 at 2:51 PM

Report Abuse
Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
Update Your Profile
Yes, if a fiance petition is filed on your behalf and approved you could apply for consideration of a waiver of the "unlawful presence" ground of inadmissibility. As you appear to have remained in the US for more than one year in a period of "unlawful presence," you would be barred for a period of 10 years from returning to the US without applying for and being granted a "waiver of inadmissibility." This waiver would certainly be available to you as the fiance (or spouse) of a US citizen. Keep in mind that you would have to establish that the denial of your return to the US would result in an "extreme hardship" to your fiance (or spouse). Medical difficulties that your fianc? (spouse) is suffering in your absence is certainly a relevant ground upon which this request for a waiver could be made. Before doing so, however, I would consult with a licensed attorney competent in this area of the law. As well, keep in mind that the processing of this type of request can take in excess of one year once the visa application is received by the consulate. The best advice I can provide is to be informed, be prepared and know what you are getting into before you begin the process and start investing time and money into this endeavor.
Answered on Mar 05th, 2012 at 1:31 PM

Report Abuse
Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
Update Your Profile
If she is US citizen, once you marry her, she can file visa petition for you and then, you will be asked to file for waiver at the consulate. Please consult with immigration lawyer as this will not be an easy task.
Answered on Mar 02nd, 2012 at 10:31 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters