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

Asked almost 3 years ago - 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)

  1. Jeffrey Adam Devore

    Contributor Level 20


    Lawyers agree

    Answered . 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
    email: jdevore@devorelawgroup.com
    web: www.devorelawgroup.com

  2. Rahul Chakravartty


    Contributor Level 11


    Lawyers agree

    Answered . 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.

  3. Marc Damien Sean Taylor

    Contributor Level 16


    Lawyer agrees

    Answered . 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 www.aila.org. 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.

  4. Scott D. Pollock

    Contributor Level 17


    Lawyer agrees

    Answered . 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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There are many types of immigrant and non-immigrant visas, including work visas, student visas, and marriage visas.

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