I just got married to a US citizen that works in the army,we are expecting our child.we just went to the embassy in Frankfurt to ask for my residence since we live here in Germany,my problem is that I went to the states and spent more than 2 years living in there from 2003 to 2005.
Last year since I was in Germany, I went to ask for a tourist visa and they denied me and told me I can't enter the states until 2015 ,for the 10 years penalty.Am I will be able to have a resident permit,? I'm nervous about it,if they denial,and a guy in the office told me, you may need to fill the I601 form after your appointment with immigration.I didn't receive any answer yet, just gotta wait, please I need help.
Assuming you were in the US more than a year without authorization, you do have a 10-year inadmissibility bar. The I-601 is a hardship waiver. Given your circumstances, a good immigraiton lawyer should be able to help you file a successful waiver application, but you should get started immediately. They take 4-6 months, and you cannot even file them until after your consular interview. Ask the family advocacy people on your base for assistance if needed.
You will likely need to file an I-601 waiver. Your prior overstay in the U.S. triggered a ten-year bar to admission. This bar begins to run on the date you depart the country. The fact that you married a U.S. citizen does not remove the bar. However, you will be allowed to file an I-601. This will waive the ten-year bar assuming you can establish your spouse will suffer extreme hardship. I would encourage you to discuss the matter further with an experienced immigration attorney.
You will likely need a waiver for 'unlawful presence'. To obtain the waiver you need to demonstrate an extreme hardship to a qualifying US citizen or lawful permanent resident relative. You should retain legal counsel.
Your 2 year overstay in the U.S. triggers a provision of law that says that you cannot return for 10 years (the so-called "10 year bar"). Under certain circumstances, this bar may be waived, but you have to prove hardship to a qualifying U.S. relative. The hardship standard for the 10 year bar is challenging to meet, and you should discuss your case with an immigration attorney to determine whether you might qualify for such a waiver. Even if you are married to a U.S. citizen, the government is not required to approve your request to return before the expiry of the 10 years, so this is a very serious and complex matter that you should not handle without the services of an experienced immigration attorney.
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