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Overstayed on B1/B2 Visa, I have 5 years Ban, can I apply for new Visa If I marry with my US citizen Fiancé?

New York, NY |

I was overstayed on my B1/B2 Visa, I backed to my country voluntarily (I haven’t any legal issue other than this) and now I have 5 years Ban. 1 year already passed.

If I marry with my US Citizen Fiancé, how long will take to get an positive reply for Waivers and get a Necessary Visa?

Applying for “Fiancé Visa” or “Spouse Visa”, can it change the result?

Are there any experienced Attorney with similar situation Turkish immigrants?

Attorney Answers 4


I do not believe there is a five year bar. There is a 3 year or a 10 year bar. The question is how long did you overstay your visa?

If you marry a U.S. citizen, you can apply for a waiver to the bar, and you may or may not get it. Without extenuating circumstances demonstrating extreme hardship to a U.S. citizen, you will likely be denied.

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I agree with my colleague. Your spouse has to show extreme hardship and it will not just be a matter of applying.

You can find a great lawyer on this site or at I am not sure it matters what country the person is from and as long as the attorney has experience waiver applications is truly what matters.

Good luck.

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I agree with my colleagues. We need information about the hardship your spouse would suffer if you are required to remain outside the US for 3 or 10 years. Every case is different, so it's not possible to give a general opinion on how long the process might take. Most cases take a minimum several months to have USCIS and the consulate make a decision on the waiver request. That's after the petition is approved and the interview has occurred.

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More facts are needed to evaluate your case. A 5 year ban would be indicated of an expedited removal order which complicates things considerably. What type of waivers you would need depends upon how long you overstayed in the United States and the circumstances of your departure.

Consult with an experienced immigration attorney who can review your case in detail and provide you with appropriate advice. Many attorneys, including myself, will conduct consultation via telephone or Skype for clients outside their local area.

Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
Skype: jeffrey.a.devore

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