What after the 10 years bar is served? Do I still need to file for an I-601?

Asked over 1 year ago - New York, NY

My fiancee lived in the us for some time, overstaying her visa, but she never came in without inspection (tourist visa) and she left on her own, no one remove her. She has no criminal record or anything of that sort. We met while she was here and have been friends for years, until a year ago that we developed a relationship and decided to get married in her country. She has been out of the states for more than 10 years, and has her passport stamps to prove it. What now? Do I still need to file an I-601, letter of hardship and so on? Thank you in advance for any helpful answer you can give me regarding this matter. We want to get married ASAP. Joshuah D

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . No bar. Sponsor her.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . No. Not on your facts. Petition for her.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Nope. No need to file any sort of waiver, given that she remained outside the US for the last 10 years. All you need to do now is petition for her.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. Bradley Lawrence Whitney Thomson

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . Include proofs from each of the past 10 years showing that she was not living in the USA

  5. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Present evidence proving that the 10 year period was spent outside of the United States. You can petition for her. You should, however, consider using an immigration lawyer to handle the petition to ensure that the process goes as smoothly as possible.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  6. Jeffrey Adam Devore

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Under these facts, no waiver is required. However, be prepared to show extensive evidence that she spent 10 years outside the U.S. to a consular officer. There is a tremendous amount of fraud in this type of situation where people claim that they have, but have no evidence to prove it.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more

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