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Posted Feb 7th, 2012
What kind of visa do i need to apply for as a spouse from Germany and could it get denied because i
overstayed the 90 days i got with the Visa Waiver?

Additional Details:
Last time i visited my husband and I got married. Then i came back 2 months later to visit him
because i had 2 weeks off from school. My husband and I did not want to be separated again, so we
decided that i would stay with him in the U.S.. We met in Germany but did not want to start dating
after his deployment that he returned from in May 2011. He has orders to Korea in October 2011 for a
dual tour (with the spouse). What visa do i have to apply for? How long would this visa process
take us? Can I still go to Korea with him? Can I get in trouble because I overstayed my visitors
time? Thank you for your time
Legal Topic Area: Immigration in TX

If your husband is a US Citizen and active duty military, I have several recommendations:

1. Hire an experienced immigration attorney immediately!

2. Do not leave the U.S. until your current immigration status is resolved. If you have overstayed your Visa Waiver status by more than 180 days, you will trigger an unlawful presence bar if you leave prior to resolving your immigration status.

3. As your husband is a member of the military, with your attorney, contact USCIS for possible expediting of your case. There is a special unit within USCIS for servicing cases for persons related to active duty military( http://www.uscis.gov/military).

4. Additionally, under INA § 319(e), you would be eligible to apply for naturalization to US Citizenship upon approval of your lawful permanent residency pursuant to his orders to be stationed overseas.


Answered on Feb 8th, 2012 at 12:34pm