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-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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