marriage visa

I am a widowed and permanent resident women ,intending to get married overseas(in my country)
with a man who lived in USA illegally(overstayed his visa) for 12 years and voluntarily went back home a year ago.Could he re-enter in USA after we get married?



Phil's picture

3/10 Year Bar and Waivers for Spouses of LPRs

Hi, thank you for posting your question. You can apply for an immigrant visa one you are married. One that is approved you will have to apply for a waiver of the 10 year bar that will apply to your husband because he was unlawfully present in the U.S. for more than 1 year.

What type of visa did he have when he entered the U.S.?


Thank you Phil for your response.He entered the USA with a tourist visa(class B2) and has no criminal record.Is it possible to fill the I130 petition for him at the US consulate(in Tunisia) when we get married?and i am the one who should apply for a waiver of the 10 year ban?One more question Phil,if i get my citizenship before marriage,does this gonna facilitate all the process?

Phil's picture

You will have to file the

You will have to file the I-130 in the U.S. He will have to file the waiver application once the I-130 is approved. If you become a citizen the I-130 will be current faster.

Other Immigration Resources

NewsLetter Sign-up

Subscribe to our immigration law newsletter today and receive important updates about U.S. immigration law and information about great new resources we offer.