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I overstayed the VWP by nearly 3 years in Kentucky, US. I wish to marry my US fiancee but don't know whether i can even return.

Erlanger, KY |

He cannot come to the UK since he is on probation. We were intending to marry while I was in the US but things were desperately hard for us and we didn't have the money to pay for all the forms we had to apply with. I suffered a bad accident when i had been there nearly three years and had to return to the UK. Although I had no problems clearing customs in the US I now understand that I will be banned from entry to the US for 10 years. We have been apart for 7 months now and are both desperate to be together again but I don't have a clue how to go about this. (I cannot enter my city and state as I live in the UK, so I have entered my fiancees location.)

I am currently still in the UK, and do not know if I will be able to travel again under the VWP

Attorney Answers 3


  1. In many jurisdictions you can simply get married and file for adjustment of status. Speak to a lawyer in your jurisdiction.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. You do face the 10 year bar on re-entry. The only option I see is for you to marry your fiancé and have him file the marriage petition and a waiver based on hardship. I hear what you say about his not being able to come to you but maybe later when he is off probation. Consult with an immigration attorney to make sure you qualify.

    This is not to be regarded as legal advice which can only be properly offered after a careful assessment of your case. Please consult with an experienced immigration attorney.


  3. You triggered a 10 year bar when you left and will therefore need waivers.

    You need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    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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