Overstay and 10 ban - what can we do

[mariasoledadb2002 0]

My name is Andy, I met my fiancee three and a half years ago here in Mpls. Her name is Sole, She is from Argentina and she was here on a J1 visa as an Au pair. We met while she had about six months left on her visa, and before we knew it we were in love.

It soon dawned on us that she was here on a temporary visa and we would have to make a decision. we couldn't stand the thought of loosing the best thing that has ever happened to us. Getting married was one option, and now i wish we would have, but at the time It didn't feel like it would have been for the right reasons. We asked our selves would we be getting married right now if it wasn't for the immigration issue? The answer was no. We were not ready. I thought we were doing the responsible thing. So the way we saw it, we had two options. She could leave or she could stay, and our relationship was too young to let her go back home and make the transition to a long distance relationship. We were convinced that it was not a big deal for her to overstay her visa as long as she was not breaking the law in any other way. We were unaware of the consequences and blinded by our love. After about 14 months of overstaying she voluntarily returned to her family in Argentina on 12/6/08.

We talked every day while we were apart (thank God for Skype). I worked and saved my money for nine months until I finally had enough money to sustain us for a while. I quit my job and went to visit her. we traveled around south America for seven months before I ran out of money and was forced to return home. Before I left, I proposed to her and we were more motivated than ever to spend the rest of our lives together.

I started the petition for the K1 visa as soon as I got home. five months later the petition was approved and everything seemed to be going well, however recently we have been preparing the papers for the visa application and the hard questions came up about visa overstays. and now after everything when we were seemingly so close to being together again, we are being told that it is not even worth finishing the application because it will be denied, and that she is barred from the U.S. for a total of ten years! I have never felt so helpless and broken in my entire life, this country is suppose to be about freedom. and now because of something so harmless, I will be pushed out of my own country for the next eight years in order to marry the only woman in this world for me, the woman I love. There must be something I can do. Appeals, wavers, some kind of exceptions. Please help us. We are desperate.

Thank you, Andy & Sole

[Shawn & Emi 16]

My name is Andy, I met my fiancee three and a half years ago here in Mpls. Her name is Sole, She is from Argentina and she was here on a J1 visa as an Au pair. We met while she had about six months left on her visa, and before we knew it we were in love.

It soon dawned on us that she was here on a temporary visa and we would have to make a decision. we couldn't stand the thought of loosing the best thing that has ever happened to us. Getting married was one option, and now i wish we would have, but at the time It didn't feel like it would have been for the right reasons. We asked our selves would we be getting married right now if it wasn't for the immigration issue? The answer was no. We were not ready. I thought we were doing the responsible thing. So the way we saw it, we had two options. She could leave or she could stay, and our relationship was too young to let her go back home and make the transition to a long distance relationship. We were convinced that it was not a big deal for her to overstay her visa as long as she was not breaking the law in any other way. We were unaware of the consequences and blinded by our love. After about 14 months of overstaying she voluntarily returned to her family in Argentina on 12/6/08.

We talked every day while we were apart (thank God for Skype). I worked and saved my money for nine months until I finally had enough money to sustain us for a while. I quit my job and went to visit her. we traveled around south America for seven months before I ran out of money and was forced to return home. Before I left, I proposed to her and we were more motivated than ever to spend the rest of our lives together.

I started the petition for the K1 visa as soon as I got home. five months later the petition was approved and everything seemed to be going well, however recently we have been preparing the papers for the visa application and the hard questions came up about visa overstays. and now after everything when we were seemingly so close to being together again, we are being told that it is not even worth finishing the application because it will be denied, and that she is barred from the U.S. for a total of ten years! I have never felt so helpless and broken in my entire life, this country is suppose to be about freedom. and now because of something so harmless, I will be pushed out of my own country for the next eight years in order to marry the only woman in this world for me, the woman I love. There must be something I can do. Appeals, wavers, some kind of exceptions. Please help us. We are desperate.

Thank you, Andy & Sole

I think you need to start a new thread instead of posting in this one - you'll get more replies!

[Penny Lane 8,159]

I have never felt so helpless and broken in my entire life, this country is suppose to be about freedom. and now because of something so harmless, I will be pushed out of my own country for the next eight years in order to marry the only woman in this world for me, the woman I love. There must be something I can do. Appeals, wavers, some kind of exceptions. Please help us. We are desperate.

I am sorry if this comes off as insensitive, but just because "this country is supposed to be about freedom" does not mean people are free to break the rules and suffer no consequences.

Hopefully someone here with experience in overstay issues can help you out. But please do not blame the country or the rules because of a mistake that was made on your part.

[Shawn & Emi 16]

We were convinced that it was not a big deal for her to overstay her visa as long as she was not breaking the law in any other way. We were unaware of the consequences and blinded by our love. After about 14 months of overstaying she voluntarily returned to her family in Argentina on 12/6/08.

I started the petition for the K1 visa as soon as I got home. five months later the petition was approved and everything seemed to be going well, however recently we have been preparing the papers for the visa application and the hard questions came up about visa overstays. and now after everything when we were seemingly so close to being together again, we are being told that it is not even worth finishing the application because it will be denied, and that she is barred from the U.S. for a total of ten years! I have never felt so helpless and broken in my entire life, this country is suppose to be about freedom. and now because of something so harmless, I will be pushed out of my own country for the next eight years in order to marry the only woman in this world for me, the woman I love. There must be something I can do. Appeals, wavers, some kind of exceptions. Please help us. We are desperate.

Firstly, please don't be offended but did it not occur to either of you that by overstaying her visa, your fiancée was in fact breaking the law? You may not have been aware of the consequences of her overstaying, but just because "she wasn't breaking any other laws" doesn't mean in the slightest that what she did is acceptable!

The way your post comes across is kind of childish if I'm honest - "this country is suppose to be about freedom. and now because of something so harmless, I will be pushed out of my own country for the next eight years in order to marry the only woman in this world for me, the woman I love" - the US government don't really care if you are in love, your fiancée grossly violated the terms of her last visa by overstaying a very long time (14 months) and yes, that is going to count against you both! There would not have been any problem if she had returned home before her visa expired, but she didn't so now you've got problems. USCIS will not view her overstay as "something so harmless" - immigration law is just as important as every other law. Just because you say she didn't break the law in any other way doesn't mean that they will overlook her breaking that law! It may seem ridiculous to you, but this is definitely not a case of "rules are there to be broken"! Don't mess with US immigration!

You could try to get an immigration attorney to take your case but I doubt that they will be able to undo the damage your fiancée did by overstaying. Also, an overstay of 14 months isn't considered minor - the length of ban one receives for overstays depends on the amount of time they overstayed: anything over 180 days but under a year means an automatic 3 year ban, and more than a year of overstay equals an automatic 10 year ban.

Edited February 28, 2011 by Shawn & Emi

[Harpa Timsah 13,258]

After the visa is denied, you will have a chance to file a waiver (I-601 I believe) to overcome the 10-year ban. It may be approved; it may be denied. That is the path available to you. Good luck.

[N M 96]

Totally agree with everything Shawn & Emi wrote.

I know this site is all about bringing loved ones to the U.S., but there's nearly always another option for couples who want to spend their lives together. Andy - I suggest you start looking at the immigration process for Argentina. If you love each other (and it seems you do), it really won't matter where you live.

And besides, you could do a lot worse. Argentina is beautiful - and (highly likely) your only option.

[Bobby+Umit 161]

we are being told that it is not even worth finishing the application because it will be denied, and that she is barred from the U.S. for a total of ten years!

Who told you that? Someone in the Embassy?

[Brother Hesekiel 2,235]

Harpa Timsah gave you correct advice sans the sentimental stuff.

Her K-1 visa application will be denied, at which time you should have the I-601 waiver ready to present.

Waiver stuff is not do-it-yourself territory, so I advice consulting an immigration attorney who is specialized in waiver cases. Try Laurel Scott who operates out of Texas for an initial consultation by using this link http://www.scottimmigration.net/ or go to http://www.immigrate2us.net where she holds a weekly chat.

[Sergi9 110]

My name is Andy, I met my fiancee three and a half years ago here in Mpls. Her name is Sole, She is from Argentina and she was here on a J1 visa as an Au pair. We met while she had about six months left on her visa, and before we knew it we were in love.

Thank you, Andy & Sole

Andy,

You should start your own thread, and not jump into the middle of someone elses.

[Haarp425 26]

She would file I-601, Application for Waiver of Grounds of Inadmissibility and you need to save $585 for the filing fee. Since she is outside the United States, she must submit Form I-601 to the U.S. Embassy or consulate where she is applying for a visa.

[mariasoledadb2002 0]

imigration lawer

[mariasoledadb2002 0]

i am so sorry

[Barbara J 115]

My name is Andy, I met my fiancee three and a half years ago here in Mpls. Her name is Sole, She is from Argentina and she was here on a J1 visa as an Au pair. We met while she had about six months left on her visa, and before we knew it we were in love.

It soon dawned on us that she was here on a temporary visa and we would have to make a decision. we couldn't stand the thought of loosing the best thing that has ever happened to us. Getting married was one option, and now i wish we would have, but at the time It didn't feel like it would have been for the right reasons. We asked our selves would we be getting married right now if it wasn't for the immigration issue? The answer was no. We were not ready. I thought we were doing the responsible thing. So the way we saw it, we had two options. She could leave or she could stay, and our relationship was too young to let her go back home and make the transition to a long distance relationship. We were convinced that it was not a big deal for her to overstay her visa as long as she was not breaking the law in any other way. We were unaware of the consequences and blinded by our love. After about 14 months of overstaying she voluntarily returned to her family in Argentina on 12/6/08.

We talked every day while we were apart (thank God for Skype). I worked and saved my money for nine months until I finally had enough money to sustain us for a while. I quit my job and went to visit her. we traveled around south America for seven months before I ran out of money and was forced to return home. Before I left, I proposed to her and we were more motivated than ever to spend the rest of our lives together.

I started the petition for the K1 visa as soon as I got home. five months later the petition was approved and everything seemed to be going well, however recently we have been preparing the papers for the visa application and the hard questions came up about visa overstays. and now after everything when we were seemingly so close to being together again, we are being told(imigration lawer) that it is not even worth finishing the application because it will be denied, and that she is barred from the U.S. for a total of ten years! I have never felt so helpless and broken in my entire life, this country is suppose to be about freedom. and now because of something so harmless, I will be pushed out of my own country for the next eight years in order to marry the only woman in this world for me, the woman I love. There must be something I can do. Appeals, wavers, some kind of exceptions. Please help us. We are desperate.

Thank you, Andy & Sole

They may forgive her overstay because she willingly went home of her own accord and not deported.I know that overstays can bestow an instant ban but hopefully someone else with more knowledge can help you. Bottom line is she did break the law she overstayed her visa. Not something USCIS look upon nicely. Talk to another lawyer too. Good luck

[baron555 934]

Harpa Timsah gave you correct advice sans the sentimental stuff.

Her K-1 visa application will be denied, at which time you should have the I-601 waiver ready to present.

Waiver stuff is not do-it-yourself territory, so I advice consulting an immigration attorney who is specialized in waiver cases. Try Laurel Scott who operates out of Texas for an initial consultation by using this link http://www.scottimmigration.net/ or go to http://www.immigrate2us.net where she holds a weekly chat.

You have been given the route that you must take. Now, get moving and get in contact and work this out. If you really both want to be together you can do this.

Except for you living over there, this is the only route short of waiting 8 more years.

[YuAndDan 153]

Moving to the I-601 Administrative forum..

K-1 can be tricky due to fiancee not having a marriage bond which would prove to be a hardship on which a waiver may be based.

If it were me in that situation, I would have married before leaving Argentina, and filed an I-130 for a spouse visa.

Anyway keep the K-1 moving through to an interview and see what happens, it is always a possibility that the voluntary exit may be considered.