Pacifica Legal Services | Floyd Fernandez
The process would demand that the new spouse, who previously overstayed, would have to leave the USA, have the A-2 spouse petition for the new spouse, with a DS-156 application for non-immigrant admission, and petition for a waiver under I-212 of the 10-year bar you would normally obtain for having overstayed for more than a year and attempt to return. Given that you would be qualified for diplomatic immunity, it is possible, but it is a risk. You would have to do much to prove the marriage is for love and not for fraud. It would also help with your spouse's home country if you are a citizen of the same country. If you want to discuss the matter further in an in-person or phone consultation, by all means call or e-mail to set it up. Best to you.
Answer Applies to: California
Law Office of Immigration & International Trade Law | Linda Liang
Thanks for your visa. Because you have overstayed your visa for over 2 years, you are subject to 10 years immigration bar, meaning, you will be allowed to come back on any visa for 10 years unless a waiver is applied and approved at consulate or you marry a US citizen and pay $1000 fine.
Answer Applies to: Florida