The couple (one NON -US citizen, one US citizen) living in the USA. the Non-US citizen has overstayed its VISA more than a year to stay with the US citizen. the couple isn't ready for marriage yet. The couple wants to leave the country and live together. Once the couple marries in another country, will the non-US citizen have the right to come back to the USA? will the paperwork be the same as if they marry in the USA? will the overstay be an issue for the non-US citizen (even though he is now married to a US citizen)regarding admission in the USA?
If you have any link that addresses those question, I would also appreciate.
If the non-US citizens leaves the US at this time, they become subject to the 10 year bar and will require a waiver. Process becomes very different. Strongly advise a personal consultation with an experienced attorney.
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If the non-citizen departs the United States after overstaying for more than a year, he or she would trigger a ten-year bar to admission. This means the non-citizen spiuse will be bsrred from admission for a ten-year period which begins to run as of the day he or she has left the United States. This ten-year bar can be waived upon demonstrating a qualifying relative (i.e. the citizen spouse) would suffer extreme hardship. Approval of this waiver is discretionary. As such, the process will be dramatically different if done outside the United States.
I encourage the couple to consult an experienced immigration attorney prior to making any plans to depart the United States.
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Marrying in the US = possibly being able to have a simple straightforward case.
Marrying abroad = triggering a three or ten year bar from returning to the US and therefore requiring waivers that may or may not be granted.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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Employment / Labor Attorney
Marrying in the US is always preferable vs. marrying abroad. Meet with an attorney to explore all the differences and possible pitfalls. Good luck.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com
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