Long Story ... Please Help

[sptrillo 0]

My story is somewhat long and complicated but I need some help.

I'm a New Zealand citizen and I entered the US in Feb 2011 on the Visa Waiver Program. I had never been to the US before or travelled alone internationally for that matter. I was visiting my long distance girlfriend of 2 years who I had not yet met in person, she lived in Colorado with her mother who works child welfare for DHS. She insisted that she loved me and wanted me to stay and start a new life with her in the US, so we got married in April 2011 before my 90-day visit expired in May. We were married for 5 weeks before she decided to have an affair with a middle school friend and separated from me May 18. I had accused her of misconduct but her pride prevented her from taken responsibility for her actions. I tried my best to save the relationship but she wouldn't have it. We had an intervention with her family and she agreed to try to make it work if I could find a job. By the end of the week I had illegal employment as a dishwasher, but her promise was superficial and didn't make a difference. I had already cancelled my return flight home upon getting married and my stay had expired. She threatened to involve the police and immigration authorities if I didn't suck it up and leave. This girl had deceived and taken advantage of me and clearly was not mature enough for a committed adult relationship. I had no friends and nowhere to go. I explained the situation to a couple of co-workers and one offered me a couch. I left her house on June 5 and began a 2 years and 7 months journey as a vulnerable out-of-status immigrant in the US. I've been taken advantage of and threatened by several paranoid schizophrenics I thought were friends, had thousands of dollars of property irretrievably stolen from me (Macbook, music recording gear, expensive travel accessories given as xmas presents by family before leaving NZ.) I spent a lot of time homeless, dirty, hungry, exhausted and in pain, unable to find work due to my lack of immigrant status and transport. I've had some odd jobs which have helped me get by temporarily but nothing sustainable.

Jump ahead to the beginning of 2014, I met my current girlfriend and fiancée on January 8 and we have been together since. I have been living with her and she has been supporting me. We're very happy together, best friends, and both agree it's the healthiest relationship either of us have been in. I finalized my divorce from my epic disaster of a first marriage in August. My fiancée and I plan to get married tomorrow.

My mum bought me a plane ticket and I will be flying back to New Zealand this Sunday the 14th. I need to be able to work and be self-sufficient again and to contribute financially to our relationship. I cannot do that in the US, and even if I were to apply for a Green Card, it would cost $1600 which we don't have and have to wait a long time. I can't expect my fiancée to keep supporting me for at least another year. The past 8 months have been tough on her financially, but she's done it because she loves me and wants to take care of me. She even surprised me with a trip to New Mexico for my birthday last week.

Because my circumstances weren't entirely my fault (getting kicked out on the street by the person I loved and married in a strange country with no friends or family and no legal status to work) I need to know how I can waive the 10-year re-entry ban. My fiancée does want to visit me in New Zealand, but there's always a chance she won't be able to adjust and won't want to give up the life she's independently built for herself in Colorado (she moved from Maryland by herself nearly 2 years ago.) We will be married before I leave the US so it will be family-based immigration. New Zealand is also extremely expensive and less developed than the US, so I wouldn't mind moving here permanently if it means I get to be with my wife. I don't think she would be able to adjust to the insanely high cost of living in New Zealand. I'm dreading it myself.

I know people will probably say that I shouldn't leave the country if I want a Green Card, but my mum has already paid $1200 for a non-refundable ticket and my grandmother is terminally ill. I also haven't seen my dad in 8 years and I don't know how long he'll be around, he's had cancer before. I just don't want to have to wait 10 years to come back to the US because an arrogant and dishonest little girl chose to make my life extremely difficult a few years ago.

Also, does anyone know how and when they determine the re-entry ban? Is it when you leave or when you try to come back? Is there a way to slip through the cracks?

Thank you for reading. Please help.

[Boiler 43,430]

Kicks in when you leave.

So ignoring staying and adjusting, the obvious route, then as soon as you are married your new wife can petition for you.

Say 18 months to 2 years for the Spouse petition and waiver before you can come back. Sounds like she will be visiting you anyway.

I would not worry too much about the waiver, just needs reasonable English skills to put one together, very few fail. And a simple overstay means no complications.

[sptrillo 0]

Thank you for the speedy response!

So let me make sure I understand this: Once I am married my spouse can petition for my adjustment, lets say it takes ups to 2 years. I can still get permanent residence despite the overstay and having left the US? And once I have that I can apply for a waiver of the re-entry ban, or would I file for both concurrently? I would say my English skills are immaculate as it's the only language I know, but I've investigated the eligibility and it seems to me that waivers are only granted in special circumstances

e.g. if my spouse had a terminally ill family member and needed my assistance as a caregiver.

She plans on being in school for 2 years or so and getting her degree while I'm gone so that could work out nicely if what you say is reliable.

Thank you again for the help, I'm currently packing and have made myself sick with the stress of keeping my baggage under excessive weight without leaving anything behind that I need with me, postage is expensive for a box of books and clothing.

[Boiler 43,430]

The guides show the process for an immigrant visa.

Simplistically:

You marry

She files as soon after as possible.

Lots of waiting, you get an appointment in NZ, 12 months or so.

You are refused the immigrant visa due to the overstay, 10 year ban but can file a waiver.

You have the waiver ready to go and send it off to the lock box.

Currently 6 months ish for waiver processing.

Back to the Consulate to get the visa.

Sounds like she will need a co sponsor.

Waiver, well they say Extreme Hardship but that is mainly a matter of presentation.

There are plenty of examples on immigrate2us.net, there are Lawyers offering a money back guarantee for these types of cases.

[sptrillo 0]

Will I need to reapply for the immigrant visa and pay the filing fee again after refusal based on the re-entry ban?

Why would she need a co-sponsor? She's independent, her mother is deceased and she doesn't speak to her father.

So the Extreme Hardship is just for presentation so not everyone bothers applying?

Thank you again, I'll look into the guides and the site you referenced. Much appreciated.

[Boiler 43,430]

You get the Visa approved but need a waiver, when the waiver is approved they carry on and issue a visa, no new application.

They have many many applications, the law requires extreme hardship to be shown, but it is a bit of a farce, it has been a long time since I came across across a refusal for a simple overstay. Just a case of presentation, everybody has them some are more obvious than others.

You said she was at School so I presumed she is not working?

[sptrillo 0]

Okay that's all good.

She isn't in school yet, but she works 72 hours a week in a group home for at risk teens. She really wants to go back to school to finish her associates and then get an undergraduate while she's still living in the US.

[aaron2020 11,651]

Hi,

Once you leave the US, you will have a 10 years ban for overstaying for over a year. The US doesn't not care that your circumstances was not entirely your fault.

Your wife can file a petition for you. The visa will be denied because off your overstay. Your wife can file a hardship waiver. She needs to prove a hardship to her beyond missing you and being separated from you.

The smart immigration choice is to stay, adjust, and get your green card. Your overstay will be forgiven under this option.

With a sick grandma, you have a difficult choice.

Best of luck.

You get the Visa approved but need a waiver, when the waiver is approved they carry on and issue a visa, no new application.

They have many many applications, the law requires extreme hardship to be shown, but it is a bit of a farce, it has been a long time since I came across across a refusal for a simple overstay. Just a case of presentation, everybody has them some are more obvious than others.

You said she was at School so I presumed she is not working?

The visa will be denied, that is the reason for the waiver.

What is there to waive if his visa is approved?

[sptrillo 0]

Yeah, that was my understanding.

I'm not able to stay, I need to go back to work and get busy. I can't stay in limbo forever, there are things I want to do.

We'll make it work. She's very interested in where I'm from and my friends and family are very interested in her. And she loves to travel, so with any luck she'll come be with me for a while. I just wonder what the odds of getting a waiver are.

And a visa doesn't guarantee you entry into a country so that's what the waiver would be for if the visa were approved.

[aaron2020 11,651]

And a visa doesn't guarantee you entry into a country so that's what the waiver would be for if the visa were approved.

The waiver is to overcome your inadmissibility and get the visa.

The waiver is not for overcoming a denial of entry at the POE.

[Rose&Jorge 8]

Ok so im guessing you are going to get married in nz as you will be banned from the us.

the quicker you get married the quicker u can start the process.

Also best not to tell immigration that you worked when you were in the us illegal.

They will forgive over staying your visa but things get complicated once you admit to working etc

[aaron2020 11,651]

Ok so im guessing you are going to get married in nz as you will be banned from the us.

the quicker you get married the quicker u can start the process.

Also best not to tell immigration that you worked when you were in the us illegal.

They will forgive over staying your visa but things get complicated once you admit to working etc

While he does not need to volunteer info, he must answer truthfully.

He cannot hide his illegal work if asked.

[sptrillo 0]

They forgive illegal employment in VAWA cases so I don't see how this is much different.

[Rose&Jorge 8]

Well yes that is what I ment.do not give them info unless they ask for it.

Like you should not tell them straight away u worked here illegal unless they ask.

Also you have to remember that when you came here you married someone you had just met for the first time. ..

For aos cases you need to have met a number for times in the past 2 years before u marry. So for this reason your first marriage may seem like fraud. Yous planned to get married and for you to adjust your status and stay in the us.

So they may suspect your 2nd marriage is fraudulent again. But this time you have a lot of proof that it isnt.

It really all depends on the officer and how well you can plead your case.

[sptrillo 0]

Well I didn't know if I'd like it here so moving to a place you've never been is pretty bold. I had originally ask her to visit me instead, I had no motive to visit another country let alone move to one. Just the kind of stupid thing you do when you're young and bored I guess. Visiting that is, not moving. I had everything I need and gave up a lot to come over here and I never intended to stay this long. But given the time I've had to get used to the US, I would consider living here permanently in the future for the sake of being with my wife-to-be. I just have to see what she thinks of New Zealand when she visits. I'm not in any rush to come back but 5 years would be better than 10.