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  • Very Complicated Situation

    Hello there !

    My question to anyone here who is knowledgable on this would be greatly appreciated.

    My brother recently traveled to BULGARIA and got married to his long time girlfriend in her home country ( BULGARIA ) .

    She is a BULGARIAN citizen and not very long ago overstayed on her student visa(by 4 years ) and then traveled back to BULGARIA.

    When she applied for visa , she was denied the right to enter into the US to be with her husband (my brother) who is a US ctizen.

    The embassy supposedly said that she is barred from entry into the US for the next 10 years no matter what because of her overstaying on her last visit here.

    This is so wrong...

    Is there any possible legal way of being able to get my brother's wife over here (USA ) ?


    Thank You for hearing me, any advice is greatly appreciated and welcomed.

  • #2
    there is nothing wrong with the determination of the immigration officers. She overstayed her stay for longer than 365 days, so by law, she received a 10 year ban from returning to the USA. That is the law.

    She could try filing for a i-601 waiver, which would lift that ban. And file for a K-3 spousal visa to go to the USA with her husband.

    But an i-601 waiver is VERY HARD to obtain, specially to newly wed couples.

    Here is the USCIS page for the waiver: https:///us-visa-and-immigration-for...ludability.jsp

    Your sister in law, should have known better. She failed to play fair and play by the immigration rules and now must pay the penalty for it.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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