overstay fiance, scared of losing my love

[ninmo068 1]

I'm also curious where you're flying to and from for that price. Seems really high but I don't fly too much.

That was the price.... With Delta Airlines and he's from your part of the world.

[w8inglongtime 29]

That was the price.... With Delta Airlines and he's from your part of the world.

Why are people suprised at the high price for a one way ticket? If I should decide to buy a one way ticket to London it will be $2,632.40 and it will be $3,080.10. to Ghana. Emphasis on the words "ONE WAY"

[w8inglongtime 29]

Why are people suprised at the high price for a one way ticket? If I should decide to buy a one way ticket to London it will be $2,632.40 and it will be $3,080.10. to Ghana. Emphasis on the words "ONE WAY"

Now to the OP's original dilema. The VWP puts your Loved One in a bind. Adjusting from it has been done successfully by others in the past while some got denied so it will be impossible for anyone here to give you a definate answer to what may happen. It's a catch 22. Have him stay and take the risk of denial and having him deported with extreme consequencies or have him go home and get it denied and serve out the limited ban. Time is of essence here. The more days he stays the longer the ban if the AOS gets denied so the question is would you want to be apart for 10 yrs or 3 yrs. If he leaves under 180 days you have a way better chance of getting approved for k-1. Then again he could still stay here illegally and get his AOS approved. Good luck and I hope you get approved either way you go.

[ValerieA 350]

Now to the OP's original dilema. The VWP puts your Loved One in a bind. Adjusting from it has been done successfully by others in the past while some got denied so it will be impossible for anyone here to give you a definate answer to what may happen. It's a catch 22. Have him stay and take the risk of denial and having him deported with extreme consequencies or have him go home and get it denied and serve out the limited ban. Time is of essence here. The more days he stays the longer the ban if the AOS gets denied so the question is would you want to be apart for 10 yrs or 3 yrs. If he leaves under 180 days you have a way better chance of getting approved for k-1. Then again he could still stay here illegally and get his AOS approved. Good luck and I hope you get approved either way you go.

Once the AOS package is filed the clock 'stops' on the overstay and no more out of status time is accrued until a determination on your case is made.

[w8inglongtime 29]

Once the AOS package is filed the clock 'stops' on the overstay and no more out of status time is accrued until a determination on your case is made.

I know that the clock stops once AOS isn filed but it makes for a longer ban if he accrues a lengthy overstay and gets denied because of VWP. That's what I was aiming at. I think the problem is which way to go. Stay here and throw caution to the wind or go home and apply for K-1.

[Blue22 0]

The CR-1 is a Visa for married couples. The K1 is a visa for engaged couples. There's also the K3 for married couples but the CR1 is cheaper and far superior. In each of these cases these visas are carried out with the immigrant in their home country. They're permitted to visit (usually) and the spouse/fiance from the US is permitted to visit them, but they will interview in their home country, do medicals etc. The explanations of those visas are here: http://www.visajourney.com/content/guides

The I-485 is for Adjustment of Status (AOS). Obviously the lawyer you spoke to is suggesting the you AOS from the VWP. Basically, rather than go home and apply for an official visa where they KNOW the person intends to immigrate, he's suggesting you skip that part and try and adjust his VWP status to LPR (greencard). This is a very risky route to take. If the AOS is denied (whether like in my example because it's passed the I-94 expiry or other reasons), he WILL get a ban and he won't be able to apply for a fiance/spouse visa until he has served his ban time in his home country. There are hardship waivers (which you can look into if you want) that might overturn the ban but it's VERY rare that it happens.

So your options are:

1. Have him stay in the US, get married and try and Adjust Status (using the I-485 and I-130) to LPR.

2. Get married, have him LEAVE the US and apply for a CR-1 visa

3. Have him leave the US and apply for a fiance visa.

Have a look at the link I posted. Look around for the pros and cons of each option. As much as I LOVE the idea that I could have AOS'd while I was visiting in the US, knowing that if denied I would not be able to appeal (you give up that right with the VWP) and I would be deported and spend MORE time away from my man, I decided that going home where I could work and save money for our future was the best idea. Being apart sucked of course but I knew we would be together again and that I had done the right thing by leaving when i did. If I could go back the one thing I'd change is i'd have got married there and applied for a CR-1 so I could work as soon as I got here. Not only is it cheaper in the long run but being able to work would have been a great thing.

Hope that helps

Excellent advice, going home and going through the proper channels is much better than gambling being able to stay together long term by overstaying/getting married and applying for AOS........wish I had received this advice!!!