Out of status

[se_lang]

Whoa. An overstay of less than 180 days gets a 3 year ban. Over 180 days gets a 10 year ban. If he leaves, he's out for a long time.

 

I don't understand the 3 ~ 4 months wait to get married. In Oregon, when the divorce is granted, it is final - you can get remarried the next day. Perhaps the marriage laws are different in the state she lives in and the divorce does not become final until x-days after the court date? She needs to be careful of state marriage laws so she doesn't marry until she legally can.

 

While I do not advocate or advise anyone to break the law, I can pass on info gleaned from other people's experience. If an alien marries a US citizen, any overstay is forgiven as long as they legally entered the US. They just get married and file the I-130.

 

This has been one of my pet peaves with the visa waiver countries. Rather than go through the 'short' process (much shorter than China), they jump on a plane, fill out the I-94, get married and stay. After going through the 17 month ordeal I did, you can bet that I would have taken this road if Xiahong stood any chance of getting a tourist visa.

 

Check out the US Marriage forum on britishexpats.com - there is a lot of info there about this topic.

When I divorced in WI I could not remarry for 6 months otherwise WI would not acknowledge the marriage. she live here in TX and I believe the waiting period is 3-4 months but like Dave said it is a state thing so if NV accepts the marriage as valid I guess so does Fed's. I gave her this website so I hope she logs on an checks things out. I will send her this info Thanks.

[Dave G.]

I gave her this website so I hope she logs on an checks things out. I will send her this info Thanks.

I hope she'll log on too. Let's see if I can offend her as well.

[Dave G.]

Whoa. An overstay of less than 180 days gets a 3 year ban. Over 180 days gets a 10 year ban. If he leaves, he's out for a long time.

 

I don't understand the 3 ~ 4 months wait to get married. In Oregon, when the divorce is granted, it is final - you can get remarried the next day. Perhaps the marriage laws are different in the state she lives in and the divorce does not become final until x-days after the court date? She needs to be careful of state marriage laws so she doesn't marry until she legally can.

 

While I do not advocate or advise anyone to break the law, I can pass on info gleaned from other people's experience. If an alien marries a US citizen, any overstay is forgiven as long as they legally entered the US. They just get married and file the I-130.

 

This has been one of my pet peaves with the visa waiver countries. Rather than go through the 'short' process (much shorter than China), they jump on a plane, fill out the I-94, get married and stay. After going through the 17 month ordeal I did, you can bet that I would have taken this road if Xiahong stood any chance of getting a tourist visa.

 

Check out the US Marriage forum on britishexpats.com - there is a lot of info there about this topic.

Don...

 

I've learned alot from you over the last year or so. We all have! When things get ugly between us or when we totally get derailed in a debate, you always have a way of casting a light on the topic and get us back in line. I've always loved our disagreements on political issues and have loved our agreements on economic issues even more.

 

For you to make the same conclusions based on all we've seen on CFL and in the press is heartwarming. Like I said, you know I've taken some pretty hard lines about not breaking the law. But, enough is enough. Why should some people be rewarded for circumventing the process when others like us find so many difficulties trying to walk the straight and narrow? What's good for the goose is good for the gander, ya know.........

[keelec]

Time for a trip to Las Vegas!!!!!!

[Dynasty]

Hey all

I have a friend at work here from Cambodia she is seeing a guy also from Cambodia he is 2 months out of status his visa was for religious services he has been here for 2 years how long will it be until he is banned from US for being out of status she is thinking about marriage  but she has just got a divorce and has to wait 3-4 months now I have told her the best thing to do is have him return to Cambodia and go through a K1/K3 visa process but as we all know this is no fun. so any info I can pass along to her would be great.

I think your friend is doomed.

 

1) Can't file for a K-1 visa because his overstay will show up in the security check, thus, he will be denied.

 

2) For example, a woman in my town married a mexican guy. He was here on a visa, he had a job, a SSN, a drivers license, paid taxes, just like he was a citizen. After his visa expired, they married and even have a child together, and filed for AOS. When they called him in for his AOS interview they arrested him on the spot and deported him, because of his overstay. Now they can't apply for another ten years.

 

Your friend will need a very good lawyer.

[king]

I would like to post a correction as to what is known as the 3 and 10 years bars to re-entering the U.S. after an overstay. An overstay is when an alien remains in the States after his/her visa or other permission to legally be in the U.S. expires without any further permission to remain legally in the U.S.

 

This is what the law provides:

a. overstay up to 180 - a grace period with no penalties

b. 181 days to 1 year - if the overstaying alien leaves the U.S. in this time frame

overstay then they could be barred from re-entering the U.S.

for 3 years (there is a waiver process available, but not

easy to get out of China)

c. over 1 year over- - the bar is 10 years, again a possibility of a waiver, but

stay don't count on it

[king]

Hanging in, Donahso. Battling the bad guys, read that as the CIS and IV unit here in GZ, and paying attention to U.S. politics and wars via the Internet. I think it would be good if those who bring us wars without meaning, greed at any price, environmental degradation and stealth government would disappear from the political scene. My opinion; not looking for a war of words here.

 

Thanks for asking.