Brand New a little help please

[homeofthelame 0]

Hi everyone..

My name is Kristina and I am brand spanking new to this forum. I do have some questions but have no idea where to start. I'll just jump right in.

I am a US Citizen born and raised. I am currently on a tourist visa in Venezuela.

My boyfriend is Venezuelan citizen and has lived in the US for the past 15 years. He orignially went in 1997 on a school visa which lasted 4-5 years because he was full time enrolled in school. He then switched over to a non immigration visa which ran out in 2006 ( because his 10 years on it was up. He got it when he was a minor here in Venezuela) Now we are back in Venezuela to renew all of these things, re new his passport, get a new visa etc. But now we are hearing from others that he will not be able to return to the US. I certainly do not want to live here I want to go back to the US but I for sure don't want to go alone. Is it possible that he will be "stuck" here? We came back to do the right thing and get all of his paperwork taken care of but now we don't know if we regret coming back or what!? We have talked about marriage but it's so hard to find information on line about these things because the internet here in Venezuela is not the best. So this was the smartest fastest way for me to get some ideas. Also when you try to call the embassy they won't talk to you they are snappy and tell you to call back. When you do no one is there * this has happened 4 times already. Any one have any ideas or opinions or advice. It is much needed.

Thank you and god bless.

Chao

Kristina

[Otto 83]

Welcome to Visajourney. Plenty of information here to help.

** Topic moved from Immigration News & Discussion

[Jacq1018 0]

Hi everyone..

My name is Kristina and I am brand spanking new to this forum. I do have some questions but have no idea where to start. I'll just jump right in.

I am a US Citizen born and raised. I am currently on a tourist visa in Venezuela.

My boyfriend is Venezuelan citizen and has lived in the US for the past 15 years. He orignially went in 1997 on a school visa which lasted 4-5 years because he was full time enrolled in school. He then switched over to a non immigration visa which ran out in 2006 ( because his 10 years on it was up. He got it when he was a minor here in Venezuela) Now we are back in Venezuela to renew all of these things, re new his passport, get a new visa etc. But now we are hearing from others that he will not be able to return to the US. I certainly do not want to live here I want to go back to the US but I for sure don't want to go alone. Is it possible that he will be "stuck" here? We came back to do the right thing and get all of his paperwork taken care of but now we don't know if we regret coming back or what!? We have talked about marriage but it's so hard to find information on line about these things because the internet here in Venezuela is not the best. So this was the smartest fastest way for me to get some ideas. Also when you try to call the embassy they won't talk to you they are snappy and tell you to call back. When you do no one is there * this has happened 4 times already. Any one have any ideas or opinions or advice. It is much needed.

Thank you and god bless.

Chao

Kristina

Hi Kristina....Your boyfriend is in a tough situation . I've been dealing with the Embassy in Caracas for a couple of years now trying to get my husband's visa approved. The Embassy sees over 1000 people each day trying to get a tourist visa it's difficult because space outdoors is limited and security is very tight. There's been an influx in tourist requests as more Venezuelans want to leave the country. I can tell you if you decide to get married, you will have an easier time getting a visa. The staff at the Embassy is very helpful to Americans but not so much to Venezuelans. The Embassy will not help you with your boyfriend's tourist visa and instead make him follow the process as a Venezuelan. For a tourist visa, he will need to show strong ties to VE with no intention of staying in the US. If you do decide to marry, I would suggest filing directly at the Embassy. The process is quicker that way and you will be together while you wait. My husband's visa has been put on hold due to his job with the Venezuelan Govt so my timeline is much longer then the average. I'm thinking seriously about moving there until this is completed.....what a change it will be .

Good luck with everything!

[JimVaPhuong 4,863]

Hi everyone..

My name is Kristina and I am brand spanking new to this forum. I do have some questions but have no idea where to start. I'll just jump right in.

I am a US Citizen born and raised. I am currently on a tourist visa in Venezuela.

My boyfriend is Venezuelan citizen and has lived in the US for the past 15 years. He orignially went in 1997 on a school visa which lasted 4-5 years because he was full time enrolled in school. He then switched over to a non immigration visa which ran out in 2006 ( because his 10 years on it was up. He got it when he was a minor here in Venezuela) Now we are back in Venezuela to renew all of these things, re new his passport, get a new visa etc. But now we are hearing from others that he will not be able to return to the US. I certainly do not want to live here I want to go back to the US but I for sure don't want to go alone. Is it possible that he will be "stuck" here? We came back to do the right thing and get all of his paperwork taken care of but now we don't know if we regret coming back or what!? We have talked about marriage but it's so hard to find information on line about these things because the internet here in Venezuela is not the best. So this was the smartest fastest way for me to get some ideas. Also when you try to call the embassy they won't talk to you they are snappy and tell you to call back. When you do no one is there * this has happened 4 times already. Any one have any ideas or opinions or advice. It is much needed.

Thank you and god bless.

Chao

Kristina

He was in the US continuously for 15 years? Let's see, if he came with a student visa in 1997, and that expired after five years, then that would 2002. You then say that he switched to the "non immigration" visa? What the heck is that? I presume you're talking about a B2 tourist visa, since you mentioned it was good for 10 years and expired in 2006.

First - visas are for entering the United States - not for staying in the United States. Assuming there's no reason to deny someone entry, a valid visa will allow them to enter the US, but CBP determines how long they can stay. In order for your boyfriend to "switch" to a B2 visa he would have to leave the US, and then reenter with the B2 visa. He can't just decide on his own that he's going to stay based on a different visa. Further, the maximum amount of time anyone can be granted admission based on a B2 visa is six months. Yes, the visa is good for 10 years, but each visit can be no longer than six months, and the CBP officer sometimes restricts it to a shorter period of time. It's entirely at their discretion.

Your boyfriend overstayed in the US for years. He is automatically banned from returning for a minimum of 10 years, beginning on the day he left the US. It's possible to get a waiver of this ban, but it's extremely difficult. First, you must file a petition for him. If you don't get married first then you'd file a fiance visa petition. If you get married then you'd file a spousal visa petition. After the petition is approved (half a year or so) then the petition would eventually make it's way to the consulate, where he would submit documents and have a visa interview. The visa will be denied because of the overstay ban. At that point, he can submit an I-601 waiver petition (prepared by you and your attorney) asking for the ban to be waived because it will impose an extreme hardship on YOU - the US citizen petitioner.

I strongly suggest you talk with a well qualified immigration attorney. You'll need help with this. It's too bad you didn't do some research and find this site before you left the US. You could have married him here and applied for his green card. Leaving the US triggered an avalanche.

[homeofthelame 0]

Hi Kristina....Your boyfriend is in a tough situation . I've been dealing with the Embassy in Caracas for a couple of years now trying to get my husband's visa approved. The Embassy sees over 1000 people each day trying to get a tourist visa it's difficult because space outdoors is limited and security is very tight. There's been an influx in tourist requests as more Venezuelans want to leave the country. I can tell you if you decide to get married, you will have an easier time getting a visa. The staff at the Embassy is very helpful to Americans but not so much to Venezuelans. The Embassy will not help you with your boyfriend's tourist visa and instead make him follow the process as a Venezuelan. For a tourist visa, he will need to show strong ties to VE with no intention of staying in the US. If you do decide to marry, I would suggest filing directly at the Embassy. The process is quicker that way and you will be together while you wait. My husband's visa has been put on hold due to his job with the Venezuelan Govt so my timeline is much longer then the average. I'm thinking seriously about moving there until this is completed.....what a change it will be .

Good luck with everything!

HI, thanks so much for the advice. I also sent you a request on skype I know they have an instant message function which could help some. So your husband works for the government. Just curious do you think it's harder for him because of Chavez? I know Chavez isn't thrilled with us "gringos". Just wondering if that could come into play at all. hope to hear soon! thank you

Chao

[yankeelimer 1]

It's too bad you didn't do some research and find this site before you left the US. You could have married him here and applied for his green card. Leaving the US triggered an avalanche.

Is that true? I was under the impression that if you overstay you are essentially out of status and therefore cannot change status to PR even if you marry.

[Harpa Timsah 13,258]

Is that true? I was under the impression that if you overstay you are essentially out of status and therefore cannot change status to PR even if you marry.

Yes, it's true. Overstay is irrelevant/forgiven for spouse of US Citizens who entered on a valid visa and are currently in the US.

[homeofthelame 0]

So, which are my best options? To marry here, say I want to marry in the US? Find a voucher? I'm very new to all of this so I'm sorry for the lack of knowledge. I don't know the number and letters to form or anything. He doesn't want to nessicarialy live back in the US but atleast be able to go back and visit my family. He has a job here working for his parents he works for their company. When you say strong ties? What exactly do you mean? Thank so much!

[ceadsearc 515]

Is that true? I was under the impression that if you overstay you are essentially out of status and therefore cannot change status to PR even if you marry.

As long as you meet the other qualifications required to adjust status, you can adjust based on marriage even if you have overstayed. But the spouse who overstayed MUST not leave the country until the process is complete and they have a green card.

[homeofthelame 0]

As long as you meet the other qualifications required to adjust status, you can adjust based on marriage even if you have overstayed. But the spouse who overstayed MUST not leave the country until the process is complete and they have a green card.

Thank you for your input.. so since he overstayed if we were to get married, he would have to stay here until the process is finished.. about how long does that process take?

But would it be best to be married here or there? I didn't want it to come down to marriage. We have been together 3 years and talk about it I know we will be married just sucks with the circumstances. So which country is better? US vs. VE?

[JimVaPhuong 4,863]

Thank you for your input.. so since he overstayed if we were to get married, he would have to stay here until the process is finished.. about how long does that process take?

But would it be best to be married here or there? I didn't want it to come down to marriage. We have been together 3 years and talk about it I know we will be married just sucks with the circumstances. So which country is better? US vs. VE?

The process to obtain a visa normally takes less than a year total, but that's become irrelevant because he's left the US and triggered the ban. He can't get a visa for 10 years without an I-601 waiver. Whether you get married first or file for a fiance visa, it will go something like this:

1. You file a petition. If you're not married then you file an I-129F with USCIS. If you're married then you file an I-130. If you're not a legal resident (i.e., a visitor) in Venezuela then you'd file the I-130 with USCIS in the US. If you're a legal resident in Venezuela then you can file the petition with the US consulate there, called "Direct Consular Filing", or DCF.

2. Some time later (six months, give or take) your petition will be approved. The petition will go to the National Visa Center.

3. If you filed for a fiance visa then your petition will only spend a week or two at NVC before being sent to the consulate in Venezuela. If you filed for a spousal visa then you have some paperwork to complete at NVC, including an affidavit of support. Eventually, your petition will be sent to the consulate.

4. Your fiance/spouse will submit some documents to the consulate and they'll set a date for an interview.

5. Your fiance/spouse will prepare all of the required documents, have a medical exam, and go to the interview. They'll deny his visa because of the 10 year ban. At this point, he can submit the I-601 waiver request, which you AND your attorney should have already prepared in advance.

6. You wait for a decision on whether the waiver is approved or denied.

[Harsh_77 716]

Thank you for your input.. so since he overstayed if we were to get married, he would have to stay here until the process is finished.. about how long does that process take?

But would it be best to be married here or there? I didn't want it to come down to marriage. We have been together 3 years and talk about it I know we will be married just sucks with the circumstances. So which country is better? US vs. VE?

You guys will have to make a call and decide which country you guys want to live US or VS, based on that you need to take correct steps.

If he already had the job and working with the parents and you are ok to move there and he only wants to visit the US to visit your family, in that case stay away from hassle of immigrant visa for him.

If you guys want to move to US and live in US then get into the nitty gritty of getting him the immigrant visa, which would take some work since he has overstayed his visa in US for years.