Legal Question in Immigration Law in Florida

Hello, I overstayed my visa for more than a year and was granted voluntary departure. I came to my country of origin and went to the embassy for an immigration officer to check I had actually left the U.S. in time. I left a girlfriend of more than 2 years in the U.S. and we want to get married and she wants me to move back with her. My questions are: "Considering I have a 10 year bar, can marrying her, grant me access back to the U.S. filing all that is necessary?" (she is a Cuban resident in the U.S, she has 2 years left for her to become a citizen). "Do I have to wait until she becomes a citizen to petition me?". I heard about K-1 forms and K-3 forms and also a "waiver". Can someone please clarify this situation to me and if you need any more information, I would gladly share.

PS: I don't have a criminal record or any problem with the law


Asked on 7/26/10, 10:59 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

You will require to have an extreme hardship waiver approved before a visa can be issued to you.

She can't file a Fiancee visa petition for you because only a US citizen fiancee can petition for a foreign fiancee.

If you marry abroad, she can try to petition for you. Yes, it will be difficult to get a visa.

For a specific legal advice you and her should consult a reputable immigration attorney (not a 'notario').

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com and I will send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 7/27/10, 7:44 am


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