Is it possible to be approved for a green card if my wife owerstayed her visa before?

[lucyrich 20]

so if she overstayed the 180 days by those two weeks, it can actually be a ten year ban?

The ten year ban is only for an overstay of one year or greater. The three year ban is for 180 days to one year. As you've described the facts, she's subject to the three year ban only.

The only wrinkle is that it is up to her to show that she actually departed in time to avoid the ten year ban.

[TommyFinn1 0]

Thank you so much for your answers.

We emailed the embassy and told them how it is.

We also have an appointment on thusday, which is also her birthday so i hope theyre not too mean there.

while we were in the US still, she called the finnish embassy located in los angeles, several times, and she asked how she could extend her visa, or let the INS know that she overstayed (we read something about a "parole") and asked about that too, but these people in the finnish embassy didnt know what to do.

so we got very poor assistance in this case.

We were too scared to contact the INS directly.

an immigration lawyer at that time also told us not to leave the US before we get things straight, but she had a misscarriage and really wanted to go home, so we thought, well, might as well, start our life together in finland. Untill i discovered that i wasnt able to get a work visa here. then we wanted to get back to the US.

Edited December 5, 2006 by TommyFinn1

[TommyFinn1 0]

so if she overstayed the 180 days by those two weeks, it can actually be a ten year ban?

The ten year ban is only for an overstay of one year or greater. The three year ban is for 180 days to one year. As you've described the facts, she's subject to the three year ban only.

The only wrinkle is that it is up to her to show that she actually departed in time to avoid the ten year ban.

I believe we can prove that we left in time before it was a year, we have all the plane tickets.

Plus she was already working here, as soon as we arrived.

We have been here for a year now. So she would still have two years left to spend here, if the Waiver doesnt go through, and i dont know what to think about that

One italian guy, a friend's friend, overstayed his tourist visa by TWO years, went back home, told the people at the embassy the truth, and got a student visa to the US for a year in just two months.

Im just wondering how he did it. He also got caught by working illegally in the US. But was still allowed back in. It happened before the 9/11 though, if that has some affect on it.