I overstayed my visa, now I am going to marry an US citizen, what should we do?

UPDATED: Sep 30, 2022

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I overstayed my visa, now I am going to marry an US citizen, what should we do?

I submitted a question a few days ago, the contributor ask me for more details but I don’t find a way to contact him/her. So I will go ahead and post it online.

I had a 6 months tourist visa, and I overstayed 2.5 years on top of those 6 months. Almost a year ago I came back to my country of residence Costa Rica, and now my boyfriend US Citizen and I want to get marry, but my understatement is that I can’t enter to US for 10 years. What should we do, can I submit a waiver? We are afraid I will not be able to go back in several years.

Thank you!

Asked on September 20, 2016 under Immigration Law, New Jersey


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Waiver will probably not work unless you would be able to show extreme hardship to a US citizen spouse which is not easy in most cases.  You will most likely not be eligible to come back to the US with a valid visa until after the 10 year bar is up.  YOu may be able to qualify for a waiver in order to come in on a temporary visa, possibly.

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