Some overstay advice please!

[JasonC555 0]

Hi guys, I'm hoping that somebody may be able to shed some light on to an otherwise dark situation.

 

I immigrated from Ireland to New York on a holiday visa almost two years ago. I immediately fell in love with the city and the lifestyle. I decided to stay past my visa and I eventually also fell in love with an amazing woman from New Jersey. We were together almost a year but unfortunately, things took a turn for the worst and I had to return home 2 weeks ago by choice.

We talk every day, we still love each other very much, if not more than ever and we are willing to do what it takes to be together again.

 

Since being home, I've looked into my possible options. Even though they are quite limited, I presume a K1 visa is the best option? We had planned to marry prior to me leaving the country but never planned on me having to leave so suddenly. Even though we would be genuinely marrying for love and I could prove that at an interview, will the fact that I previously overstayed my holiday visa be a big enough issue that you would recommend we hire a lawyer? 

 

Also if anyone would have any other information on whether there might be any other options, we would greatly appreciate it if you took the time to help us out. 

 

Kind Regards,

Jason

Edited January 22, 2017 by JasonC555

[Transborderwife 4,666]

"I immigrated on a holiday visa"

 

stop right there.  You overstayed and abused your tourist visa.  You overstayed more than 180 days.  You now have a 10 year ban.  Your fiancé will have to show extreme hardship and apply for a waiver at an additional cost time and money wise before you'd be able to set foot into the United States again.  

[NikLR 13,220]

180 days = 3 year ban

360 days = 10 year ban

 

We need to know how long you overstayed for.  Also a spousal visa would be a better choice IMHO due to the waivers needed.  Your case is not simple by any means and your fiancee may want to look into getting a lawyer. 

[JasonC555 0]

18 minutes ago, NikLR said:

180 days = 3 year ban

360 days = 10 year ban

 

We need to know how long you overstayed for.  Also a spousal visa would be a better choice IMHO due to the waivers needed.  Your case is not simple by any means and your fiancee may want to look into getting a lawyer. 

Thanks for your reply NikLR. I stayed almost 2 years. I know it wasn't the right choice but I fell in love with the city like so many others. Does the spousal visa require a waiver? 

[KierenHby 897]

10 minutes ago, JasonC555 said:

Thanks for your reply NikLR. I stayed almost 2 years. I know it wasn't the right choice but I fell in love with the city like so many others. Does the spousal visa require a waiver? 

Yes

Your overstay will result in all visas in your case requiring a waiver. 

[NigeriaorBust 4,087]

 You entering the US again before 10 years requires a waiver.  The current process is your fiancé sends in a petition and about a year from now you will have an interview.  You WILL be denied.  At that point they tell you if you can qualify for a waiver. You can start the gathering of information for the waiver ahead of tie but it will be submitted after you are denied

[Unlockable 7,306]

13 minutes ago, JasonC555 said:

Thanks for your reply NikLR. I stayed almost 2 years. I know it wasn't the right choice but I fell in love with the city like so many others. Does the spousal visa require a waiver? 

 

Yes a waiver will be needed. But you should know that an approved waiver only allows you to apply for a spousal visa. It doesn't approve the spousal visa. 

 

She will definitely need a lawyer as it is a long and expensive process.

Edited January 23, 2017 by NuestraUnion

[NikLR 13,220]

1 hour ago, JasonC555 said:

Thanks for your reply NikLR. I stayed almost 2 years. I know it wasn't the right choice but I fell in love with the city like so many others. Does the spousal visa require a waiver? 

It's not how long you stayed but rather how long you "over stayed" aka how long after you should have left.   But since you say 2 years, I'm going to assume it was over 365 days. 

[Dutchster 1,106]

Can she move in with you?

[geowrian 22,336]

You have a long and expensive road ahead of you. With the waiver, expect 2+ years and lots of fees and attorney costs.

[audacieux89 256]

Wow seems like it will be a difficult journey for you two if you really want to move to the US. Have you two thought of her moving to your homeland instead? So you two can be together, get married, and life will be much more easier in my opinion. Just a thought ?

[HoosierEh 21]

I have a 10 year bar for an overstay.

 

I am however married to my husband, not engaged and he is obviously the US Citizen. We chose to use a lawyer for the whole process.

 

We did the CR1 application (because we are married ) from start to end it took 10 months. As expected and as it was explained to me I was refused a visa at the end of my interview.  

 

My I-601 waiver was being prepared while I waited.  I expect the waiver process to take just as long. 

 

Now my lawyer costs were reasonable for me and I believe a lot of couples successfully file the first part  application on their own.  A K1 visa application that needs a waiver does happen -  application first and then waiver, in that order. 

 

However  .... this is my opinion only  .... knowing that I was going to have to file a waiver I wanted consistency in my paper work.  I paid for the advice of lawyers to keep me focused and not make mistakes that could have prolonged or damaged my chances more than I already had. I did not want the burden of saying or filing something that could hurt my chances down the road or at my interview. 

 

There's advice all over the Internet but those people are not accountable to me or my circumstance.  

 

Talk over things with your fiance and whatever you do as hard as it is think long term not instantaneously. 

 

Good luck! 

 

[Ben&Zian 4,397]

The US treats all countries the same when imposing a ban.

 

Overstay 180+ days = 3 year ban

Overstay 365+ days = 10 year ban

 

Does not matter if coming from a European country, Asian country, African country, ect.. all receive same ban times.

 

 

[Mollie09 1,543]

If he misrepresented himself as being a US citizen in addition to his overstay there might be other problems. Like a lifetime ban.

 

OP, did you work? Did you claim you were a US citizen at any point?

Edited January 23, 2017 by F1H1I130

[Roel 7,191]

I assume he also worked - how else he could support himself for over 2 years?

 

OP, don't plan on moving to the USA for another 10 years or so. And it's your own fault.

 

As others said, if you EVER claimed to be the US citizen - you will never go there again.