USC Marriage to Japanese

[charky48198]

What is the name of your state? Michigan

Hello, I am a USC. I would like to Marry a Japanese.

Background:
A) Japanese student overstayed more than 6 months on a student Visa.

B) Japanese Student also got a DIU (Drinking while Driving) when in the United States

Future:
We are planning on getting Married in Japan this January, just 3 months away. We have dated 4 years and have hours and hours of video, pictures, etc. We can prove it is a relationship (we have a joint bank account in the states etc). We will also be married in the Catholic Church in Japan.

Question:
Can she legally return to the united states? When we marry in Japan (I can stay 30 days if needed) can she return to the united states or is she subjected to the 3 year ban. If she is subjected to the 3 year band, is there anything we can do? Lastly, if she did not overstay more than 180 days, would she be able to safely return to the United States?

If no one knows, does anyone have a suggestion for what my next step is to do?

Thank-you in advance for your help
Charles

 

[lawan]

Get married and process greencard first.. if she leaves the country now, she would not be able to get back because she overstayed..

 

[evcalyptos]

What is the name of your state? Michigan

Hello, I am a USC. I would like to Marry a Japanese.

Background:
A) Japanese student overstayed more than 6 months on a student Visa.

B) Japanese Student also got a DIU (Drinking while Driving) when in the United States

Future:
We are planning on getting Married in Japan this January, just 3 months away. We have dated 4 years and have hours and hours of video, pictures, etc. We can prove it is a relationship (we have a joint bank account in the states etc). We will also be married in the Catholic Church in Japan.

Question:
Can she legally return to the united states? When we marry in Japan (I can stay 30 days if needed) can she return to the united states or is she subjected to the 3 year ban. If she is subjected to the 3 year band, is there anything we can do? Lastly, if she did not overstay more than 180 days, would she be able to safely return to the United States?

If no one knows, does anyone have a suggestion for what my next step is to do?

Thank-you in advance for your help
Charles

It seems like you have done some research on this, but I don't see here HOW you plan to have her return to the US (on which visa?). The potential ban is not so much the issue as how she plans to immigrate.

Student 'overstay' is calculated differently from other non-immigrants. She may not have the amount of 'overstay' you think, but if her student status is finished, she will not be able to return to the US with it. She should also not immigrate from a student visa entry.
Same goes for the Visa Waiver Program.. yes, she can use it to VISIT, but not to return and immigrate.

Slightly further complicated by the DUI.

Finally, doing all of this in time for your planned ceremony is simply not possible unless you are willing to have her living outside the US for the forthcoming year (about how long it takes to get the spousal immigrant visa).
A more appealing route would be to marry now, apply for her Adjustment of Status and consult an attorney about her specific time out of status to see if she can use Advance Parole to travel to Japan for a ceremony in the church.