How can I legally reapply after an overstayed visa? 6 Answers as of August 05, 2011

My fiance lives in Peru but came to the States in 2000 and overstayed his tourist visa by 8 years. He and I met last September and now are engaged as I am spending the summer in Peru. My question is what procedure do I take to get him back to the States legally? Do I file for a K1 Visa or will that be automatically denied based on his overstay before? Do we marry in Peru and I file for a spousal visa? Will he be given a waiver of having to stay out of the States for 10 years if we are married if he left on his own accord back in 2008?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Dear customer, Yes you can apply for your fiance under the fiance visa.
Answer Applies to: California
Replied: 8/5/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
You can get married in Peru, but he will have to file a waiver under 212a9B of the INA.
Answer Applies to: Texas
Replied: 8/4/2011
Hans Burgos, P.A., Immigration Law Offices
Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
Your fiancee will need to apply for a waiver of the 10 bar from admission before coming back to the US under any category.
Answer Applies to: Florida
Replied: 8/3/2011
Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Hello. Yes, you can file a Fiance visa for him. When the case is processed/sent to the Consulate, you will need a Waiver of his Inadmissibility due to his overstay. He is barred until 2018. You will need to show extreme hardship to you if he must stay there or if you must move there.
Answer Applies to: California
Replied: 8/3/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
He is barred from receiving any visa for 10 years but he may apply for advanced permission to enter the U.S. (I-212 waiver) which would waive the bar. You want to be sure that he will get the waiver before planning your future. I recommend applying for a fianc visa to allow him to enter the U.S. and marry you. You must file a visa petition on his behalf with the Immigration Service in the U.S. Once approved, he can apply for the visa at a U.S. Consulate in Peru and submit his I-212 waiver. Once granted, he can return to the U.S. and has 90 days to marry you. He can then apply for a green card.
Answer Applies to: California
Replied: 8/3/2011
Click to View More Answers: