Visa Waiver overstay + leaving

[Dorirob 0]

Hello Everyone

First..thank you for reading this. Our situation is a bit complicated, I'm sorry if my english is not clear.

I'm from Hungary and currently living in the USA with my husband who is US citizen.

VISA WAIVER OVERSTAY

I entered on the visa waiver program on January 21th, to visit a FRIEND of mine in Oklahoma.

The day i was supposed to fly back (1th of february) there was a snowstorm so my flight was cancelled.

Me,my friend and his family decided to reschedule my flight on the 19th of April, right before my VWP expires, because we enjoyed the time we spent together so much.

We fell in love. He asked me to get married before i fly back..I said yes.

MARRIAGE: 11th April 2011

8 days after i was sitting on the plane and i had a panic attack, i was crying and feeling like ...I just can't leave my husband we just got married. I had to get off.

So I stayed. And my VWP expired on 21th april. ( i know...stupid)

GC

We knew that theres a chance that they would deny my forms because of the overstay but we wanted to try. ( I couldnt find any information how Oklahoma immigration office decides about VWP overstay-adjust status situations)

Slowly we collected everything to apply for my GC. (besides the medical exam)

problem: He is a student and has part time job. His income is not enough and nobody wants to be a co-sponsor in his family.

We were almost there when everything changed some days ago..doctors figured out that MY MOM HAS CANCER. + I also lost my grandfather two months ago.

I feel like i can't handle it mentally...so I'm going back and be next to her.

Questions:

1. After Visa waiver overstay that is less than 180 days. Is there a big chance that they're gonna deny my K3 visa at the interview and i will need a waiver?

2. Does my husband need to have the same amount of income to support me on K3 visa or the financial support problem only comes with I-485 later?

3. He desperately wants to come with me to Hungary.

- does he need to file for the I-130 and I-129F(K3) at the same time?

- does he need to be in the USA to file them?

- As far as I know, there is a possibility that he can apply for my green card in Hungary if he lives there officially for 6 months, but then again... how to solve the sponsoring?

I'm starting to think that I cant have my green card and be with him as long as he is a student. We're so young, we have nothing figured out. We can't afford an attorney.

I thought I can figure this out on my own but I got to the point when I can't see a way out. I lost my grandfather, im loosing my mom, and seems like Im loosing my husband for years. I can't think clearly about paperwork anymore.

Please help us.

Thank you

[Penguin_ie 6,002]

***** Moving from AOS to CR-1 forum as OP will be leaving the country *****

You should apply for the CR-1 spousal visa, the K3 is obsolete and the CR-1 is cheaper and better (no9 AOS once in the USA).

1. They will question you, but as your overstay is only about two weeks, they will not deny you based soley on this.

2. Yes, he needs to make the same amount; he can use assets (savings etc) to make up any shortfall, needing three times as much as the shortfall; your assets can also be used.

3. Forget the I-129F. He can file from anywhere, but must have a US mailing address (friend, family member) that can send paperwork on to him. If he lives in Hungary as a legal resident (tourist visa is not enough) for 6 months, he can apply for your visa directly with the embassy; you only get the greencard when you immigrate. The financial sponsorship is the same, so he would need to have plenty of assets or a friend/ family member who can co-sponsor.

[Dorirob 0]

Thank you for your reply.

I've never heard about this type of visa before but it seems much better.

My overstay is right now 2 months not 2 weeks. And by the time I'll be back it might be 3-4 months. But still less than 180 days? Does it make a change?

( I can't go right now because my husband is getting a surgery on both of his wrists and there is noone else who could take care of him..so i have to stay another 2 months..unless he flies with casts)

Is CR1 faster than K3? I know it's different everywhere but do you know how long it takes usually?

[Done--Really 331]

The key is less than 180 days, so DO NOT violate that, or your process will become complex and expensive. Health issues are important, but his aren't life threatening, so don't let them get in the way of the rest of your life together.

Listen--FORGET K-3...CR-1 is the proper channel for you and you should file the I-130 IMMEDIATELY to get the clock started--it will typically take 4 - 6 months for the I-130 to be accepted, and then you can go on to the next steps, but get started now. You will need an additional sponsor when he has to file the I-864 with NVC, but that is several months from now and he can use that time to line up the sponsor.

Just do it, girl. Life is full of surprises, and most of them are pleasant. Don't fret--just get started on your life together--NOW !!!

[Penguin_ie 6,002]

As long as you are below 180 days, there is no ban, so you should be ok.

K3 used to be faster, but not anymore. It now takes about the same time and indeed, can slow down your case as the I-129F catches up with the I130 (which you need to file first). In many cases, you do not get a choice as the NVC will administratively close the K3 petition. It usually takes 8-10 months from filing to interview (you then have 6 months to use the visa), but can easily take a year. If you file DCF, it can be much shorter- took us 6 weeks- but of course you need to get legal residency for your husband in your country, then wait 6 months before applying.

[Dorirob 0]

I understand, thank you.

I have some maybe silly questions. Because of our situation my husband's school put him in online classes so he can do most of his classes online. The actual school is in San Fransisco.

So if he files for my I-130 now in Oklahoma. Then he comes to Hungary with me and when it gets approved he moves back but not to Oklahoma but to San Fransisco because of the school and files for the CR1 from there. Does it cause any problems that the two forms are filed in different states?

If I get the CR1 and fly back to Usa when will be the next time I can visit my family? After we file for I-485 and get my gc? How long does it take to get the Gc after a CR1 visa? ( I know its far from now but I just wanna know because of my mom if she gets worse and she needed me)

As a greencard holder how much time am I allowed to spend outside of the USA in a year?

[Penguin_ie 6,002]

Terminology is important here- he files the I-130 (petition). If approved, you then apply for the CR-1 (visa). So it's you who does the second part. That being said, people move all the time and him changing address is not a problem.

You can immigrate to the USA and technically turn around and fly back to see your family the next day. The great thing about the CR-1 (as opposed to the old K3) is that they will stamp your passport with a a temporary greencard when you enter, so you can travel, get a drivers license and work right away (you will not be filing the I-485 at all- money and paperwork saved!). You will get the physical greencard in the post a few weeks later. You will be done with immigration for one year 9 months, then you need to file for Removal Of Conditions.

Just be careful to spend more time inside the USA than outside in any rolling year, ideally no more than 6 months at a time outside the USA.

[Dorirob 0]

Wow. Thank you so much. This sounds so amazing! Avoiding I-485 and I can work and travel with CR1. So all we have to pay is the fee for I-130. Is there a fee for CR1?

Thank you so much again!

We're gonna file for I-130 now. On the form, my adress should be my foreign address in Hungary even though I'm still here but flying back soon?

[Done--Really 331]

After the I-130 is approved, you move to the second phase with NVC which has $88 and $404 fees, as well as medical fees which vary wildly form country to country. And there will be other minor costs including copies, photos, express mail, and so forth.

Yes--you use your address at home.

[Sergi9 110]

Wow. Thank you so much. This sounds so amazing! Avoiding I-485 and I can work and travel with CR1. So all we have to pay is the fee for I-130. Is there a fee for CR1?

Thank you so much again!

We're gonna file for I-130 now. On the form, my adress should be my foreign address in Hungary even though I'm still here but flying back soon?

Don't be suprised that after you file the I130 a tourist VISA gets more complicated. They might not let you back until the process is finished. This is even more of an issue since you have overstayed. I would not recommend you husband live in Hungary with you because of the sponsorship issue. He should work to get a job that will qualify for sponsorship if you do not have assets or a family member who can sponsor. He can interupt school for a couple semesters and then go back to school once you are here. If he lives in Hungary you will have sponsorship issues and have to do more paperwork like filing a domicile plan which will be difficult if he doesn't have a job and an apartment or assets.

The most important advice you have already gotten is not to overstay 180 days or that adds possibly another 18 months of fighting to get back here.

[Dorirob 0]

Thanks everyone.

He will come for some months meanwhile his wrists are recovering, he couldn't work anyways. And there is noone in his family who would take care of him , plus he's never met my parents and he really wants to. The funny thing is that many people could help with sponsoring in his family, but they find excuses, they think its a big deal and they will end up paying money for me, and somehow "sponsoring an alian" sounds bad they think...

I have some problems filling out the papers.

My husbands parents are divorced, his mom got married twicee after. In the past 5 years her and my husband and sisters lived at more than 5 different places. He can't recall the adresses, neither his mom. Can we just not list them only the last two?

Same with his jobs during highschool..he worked some weeks or some months in different towns, different places..but they moved all the time. He says he can't remember, we can't get a hold of those empoyers anymore. Are these short term jobs are inportant to list that he did when he was younger than 18?