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i am in a similar situation with my husband, and we have gone to an Immigration lawyer. you will need to fill out paperwork to have the overstay "waived" or in otherwords, forgiven by the government before he would qualify to continue the application process. waiving can be hard to do, i would advise you get a lawyer to help you through the process and make a stong case for you. good luck

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Q: How can you get married to a person who overstayed his Visa and could he still get in trouble with the INS?
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