How to get back to US with overstayed visa (boyfriend is a US citizen)

[aniolman 0]

Hi. My name is Weronika. I am from Poland. My problem is I dont know how to get back to America. Please help me:(

So this is my story:

In 2003 I came with my family to the US as tourists(New York) I was 15 years old. My parents decided to overstay visa. After 2 years we moved to Chicago, I graduated High School in 2007. I also got driving permit but coudnt get driver license because I didnt have Social Security number. My Dad bought a house in 2006 and we lived there for a time.

My parents decided to leave the US and emigrate to Norway. Then I lived with my bofriend and after 1 year I also decided to go to Norway(2009). I could marry my boyfriend but we decided to wait until he get US citizenship(but i was stupid and I went to norway alone thinking that I will get visa again).

So right now I am in Norway and I want go back to the US. My bofriend was twice for vacation in my place in Norway.

Could you guys help me how to get back? My bofriend now is a US citizen. Is there possibilty for me to get the tourist visa again and mary him in the US? It wasnt my fault to overstay, I was young and didnt even know I was illegal. I left the US in 2009 when I was 21. Now I live in Norway, I have Norwegian residency and job. My boyfriend doesnt want be in Norway. Plese help me:(

Is there any way to get there back legally? Tourist , maybe fiance visa and marry him? We are toghether since 2006, we are so in LOVE and I dont want to loose him like that.

PS. I left the US with my invalid passport, they also didn't take my I-94 which was for 6 months.

.

[momof1 205]

Could you guys help me how to get back? My bofriend now is a US citizen. Is there possibilty for me to get the tourist visa again and mary him in the US? It wasnt my fault to overstay, I was young and didnt even know I was illegal. I left the US in 2009 when I was 21. Now I live in Norway, I have Norwegian residency and job. My boyfriend doesnt want be in Norway. Plese help me:(

Is there any way to get there back legally? Tourist , maybe fiance visa and marry him? We are toghether since 2006, we are so in LOVE and I dont want to loose him like that.

PS. I left the US with my invalid passport, they also didn't take my I-94 which was for 6 months.

.

Current immigration laws do not care if you were young, if it was your fault to overstay, or if you knew that you were illegal. Once you accrue 180 days of unlawful presence after your 18th birthday, you will incur a ban upon your departure from the United States. Since you accrued more than 365 days of unlawful presence ater your 18th birthday you know have a 10 year bar from entering the United States.

They will not give you a tourist visa especially since you have stated that your intent would be to marry him anyway. There is a non-immigrant waiver that could be used for a tourist visa but you have to prove strong ties to your home country which is likely impossible since you have a US citizen boyfriend/fiance.

If you want to get married in the US, then you will need to first file the fiance visa(K1). If you want to get married ASAP, then you would marry in your country and file the spousal visa petition(I-130). The visa would be denied at the consular interview because of your 10 year bar at which time you could file an I-601 waiver of inadmissibility. This requires a qualifying relative(US citizen spouse/parent or fiance) and a demonstration of extreme hardship. He would have to prove(with tons of evidence) that it would be an extreme hardship for him to live in norway with you AND that it would be a hardship to continue living in the US without you for the duration of your ban. Approval is not guaranteed and can likely add a year or more to an already lenghty immigration process.

I'd head over to www.immigrate2us.net for some help and at a minimum I would consult with an immigration lawyer with lots of waiver experience: Heather Poole in CA, Laurel Scott in Texas or Lizz Cannon in Boston.

[Married2009 32]

From what I have read, the 10 year ban started the day you left the US.

[Krikit 1,165]

Moving from AOS forum to General Immigration Discussion.

Welcome to VJ.

[Brother Hesekiel 2,236]

According to US law, you stopped being a child at age 18.

From then on you had half-a-year to leave the USA without any repercussions. When you did not leave, the clock for unlawful presence started ticking, meaning that all the time before that was indeed forgiven, because you were a child.

When you left in 2009. the 10-year ban was triggered. Until 2019 you will not be able to visit the USA again. But even afterward, you will not be able to get a tourist visa again.

[juliava 80]

Unfortunately, at this point your fiancee needs to consider moving to Norway if he wants to be with you. The fact that your I-94 was not taken is irrelevant, actually it should have been your responsibility to return your I-94 to the proper authorities when you left US.