Immigration Issues/Immigration


I am an Indian citizen. I went to the US on a F-1 visa issued in July 2004 for my masters degree. It expired in July 2009, but I overstayed until November 2011, leaving the US by my own free will. My fiancee is an American citizen and we're planning to get married abroad here in India in February 2014.  We're planning to both go back to the US after the marriage and get married there in October 2014.  What do we need to do and what can we expect to happen?

Dear Schandra:
After getting married you may enter the US on Immigrant Visa after your USC spouse sponsors you (this may take about 6/8 months); but, because you have over stayed your visa for more than a year you may have 10 year bar. However, as the student visa is D/S the bar may not apply.  You have not mentioned what type of visa you currently have? I would recommend that you apply for adjustment of status in the US if possible (entry on fiancee visa if you have it), if not, then I-130 from  you USC spouse after marriage and get processed for immigrant visa.

You seem to have a little complicated situation, so would recommend that you consult with an experienced immigration attorney because I am sure you would need one in your situation.  You may, however, send us your details for a paid consultation.

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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