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When can I come back to the us and what is my best approch ?

Spring Hill, FL |

Im currentlly in the us for a 6 months period (from 08/12 to 02/13) with a B2 visa.
When I entered the country in august 2012, I was put through secondary immigration. having spent more than 6 months in the us since june 2011, they told me that I've already spent to much time in the us in such a small amount of time, that I was risking to spend the night in jail waiting for the next flight to Paris along with the interdiction to re-enter the country for 5 years. They also told me to stay in france for 6 months before coming back here.
The reason I keep coming back is that I fell in love with a us citizen, we are considering getting married so I could maybe get a green card and work in the us.
those 5 years threats are scaring me, what are my options, how should I proceed ?

Thank you.

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Attorney answers 3

Best Answer

Assuming you never overstayed before or worked here, you should be ok if you get married to the US citizen & adjust your status in the US. Make sure you consult with an immigration atty before filing docs with USCIS.


You said "...we are considering getting married so I could maybe get a green card and work in the us". It is immigration fraud to marry someone for the purpose of circumventing U.S. immigration law. It is imperative that you contact an immigration lawyer, whether myself or one of my colleagues. If you fail to obtain legal assistance RIGHT NOW, you may cause huge problems for yourself. (In fact, you will desperately wish that you could travel back in time and fork over your life's savings just to consult an immigration lawyer). If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.

Dean P Murray

Dean P Murray


Check with an immigration lawyer now. The consultation is often free or minimal cost. Plus, time travel hasn't been discovered yet.


You have a couple of options. You can marry your boyfriend and he file a petition for you and you apply for adjustment of status. Or if you go back to your country he can file a fiancee visa. What I would not recommend is for you to continue your current courst of action (spending 6 months in the US, and then traveling abroad and coming for another 6 months) since they could deny your entry at any of those time, and get a five year bar in which you cannot reenter the US.

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