I-130 Overstayed Waiver Visa - Consular proccessing

[Marwind 13]

Hello everyone, Sorry if I'm posting on the wrong topic. It's my first time posting but I always read this forum.

We are about to send the I-130 package with my husband and I'm quite scared and worried and nervous. I’m trying to take it easy though.

I overstayed a Waiver Visa more than one year; I got married in the USA before the Waiver Visa expired, being my husband a permanent resident of the USA (2008). I left the USA voluntarily on March 2011. My husband got his citizenship though naturalization on April 2013. He will come to visit (finally) on October of this current year.

I have most of the required documents and evidences ready for the I-130 package, but I decided that I want to add an evolution of the relationship letter.

Please help me with this topic, but I think it will be better to clarify why we are not living together at moment (I had to return to Argentina, my country due serious health issues of my father and I needed to finish my bachelor degree). Would it help to send this letter - simple, focused on the dates, not many details - for them to understand our current situation?

My concern is that if I do so, it will be so evident that I overstayed my Visa Waiver in the past. I know that they will be aware of that sooner or later, but what I mean is, would it be wise to just show it on the evolution of the relationship letter?

I would appreciate any help or advice, Thanks a lot, Mariana

[rylforever 18]

i am not sure if this helps as to your question, but I filed an i-130 for my husband last august and just got an rfe in reference to our marriage, after speaking to an attorney i ended up having to send an evolution of relationship letter because i thought it best described our strange tale of circumstances as to knowing eachother him going back home then us marrying, etc. he came here years ago and had unlawful presence, however he went home (same as you, serious illness with close famly member) and we married in Mexico so we could do things the right way, he is consular processing also. i am hoping the evolution of relationship letter is sufficient, and i think it is a good idea, in my opinion. they are going to find out you overstayed one way or another. but good luck either way

[JohnR! 5,495]

Hello everyone, Sorry if I'm posting on the wrong topic. It's my first time posting but I always read this forum.

We are about to send the I-130 package with my husband and I'm quite scared and worried and nervous. I’m trying to take it easy though.

I overstayed a Waiver Visa more than one year; I got married in the USA before the Waiver Visa expired, being my husband a permanent resident of the USA (2008). I left the USA voluntarily on March 2011. My husband got his citizenship though naturalization on April 2013. He will come to visit (finally) on October of this current year.

I have most of the required documents and evidences ready for the I-130 package, but I decided that I want to add an evolution of the relationship letter.

Please help me with this topic, but I think it will be better to clarify why we are not living together at moment (I had to return to Argentina, my country due serious health issues of my father and I needed to finish my bachelor degree). Would it help to send this letter - simple, focused on the dates, not many details - for them to understand our current situation?

My concern is that if I do so, it will be so evident that I overstayed my Visa Waiver in the past. I know that they will be aware of that sooner or later, but what I mean is, would it be wise to just show it on the evolution of the relationship letter?

I would appreciate any help or advice, Thanks a lot, Mariana

You should disclose all the details of your relationship. Your overstay will be forgiven, for you are now married to a US citizen.

In dealings with immigration, honesty is always the best option.

Good luck!

[Marwind 13]

Thank you both a lot rylforever and Gegel! Your help is really appreciated!

I will send the letter

Mariana

[aaron2020 11,651]

You should disclose all the details of your relationship. Your overstay will be forgiven, for you are now married to a US citizen.

In dealings with immigration, honesty is always the best option.

Good luck!

The overstay will not be forgiven.

The OP is not in the US. If she overstayed and never left, then she would not be subjected to a ban and her overstay would be forgiven.

Since the OP overstayed more than a year and has left the US, she has a 10 years ban. Thus, her visa will be denied and she will need a waiver.

Big difference. This is why the general advice for an overstayed spouse is not to leave the US. Once a person leaves, it's harder to get back in.

Edited June 3, 2013 by aaron2020

[rylforever 18]

it is true, you will need a waiver, but this happens to a lot of people. this is a common situation. it is hard, but not impossible.

[Marwind 13]

understand aaron2020 and I agree, but what's done it's done. I know that if my I-130 is approved, during my interview they will deny me the Visa but they will tell me that I'm eligible for a waiver as I'm married to a US citizen.

I fully understand the consequences of leaving the US after an overstayed Visa and I know it won't be an easy the path to get my Visa.

My question though was a bout what to include in the evolution of the relationship letter just not to complicate (more) my case. And that’s why the answer of Gegel was helpful to me.

Thank you very much for your input. Mariana

Thank you rylforever!

[aaron2020 11,651]

understand aaron2020 and I agree, but what's done it's done. I know that if my I-130 is approved, during my interview they will deny me the Visa but they will tell me that I'm eligible for a waiver as I'm married to a US citizen.

I fully understand the consequences of leaving the US after an overstayed Visa and I know it won't be an easy the path to get my Visa.

My question though was a bout what to include in the evolution of the relationship letter just not to complicate (more) my case. And thats why the answer of Gegel was helpful to me.

Thank you very much for your input. Mariana

Thank you rylforever!

I know this was not a part of your question. I was correcting wrong information by another poster.

Be careful. While you are eligible to apply for a waiver, you will need to show a hardship to your US husband as to why a waiver should be granted. The waiver is never automatic. Do a search in this forum and you'll find spouses who were not granted the waiver.

[Darnell 8,478]

Usually, the petitioner writes the evolution of relationship letter , and it's in the petitioner's voice.

Usually.

[Marwind 13]

I know this was not a part of your question. I was correcting wrong information by another poster.

Be careful. While you are eligible to apply for a waiver, you will need to show a hardship to your US husband as to why a waiver should be granted. The waiver is never automatic. Do a search in this forum and you'll find spouses who were not granted the waiver.

Thank you aaraon2020, yes I know about the extreme hardship letter that we will have to write (or that my husband will have to write) and it's something that it's stressing me out so much, but one thing at a time. I've been researching pretty much about the waiver and the extreme hardship letter and I will continue doing so.

Thanks again! Mariana

[Marwind 13]

Usually, the petitioner writes the evolution of relationship letter , and it's in the petitioner's voice.

Usually.

Thank you Darnell, we will do it that way. It's just that it's me who is more detail focused and more familiarized with forums and researching.

Thank you for your advice! Mariana

[rylforever 18]

try not to stress, i know its easier said than done take your time putting the package together to send to USCIS. and yes Darnell is right, i the petitioner did the evolution letter. i looked at my i-130 and all of the documents that i put together, as i was wondering why i got an RFE. when i looked through it with an attorney friend i know, i realized i stressed out so much, i left out key information/detail and that is why i say, dont stress and dont hide anything, they will find out you overstayed, etc. its not a fun process and i refresh my computer to check the status of my i-130 a million times a day. i have began preparing my documentation for my waiver package when ever the time comes for us to send it off. Because my husband had to leave the country for his family, eventhough it was a decision we knew he had to do, we have been living in separate countries for two years now, but in the end it is all worth it. if he would not have left to help his family, i dont think we would live in peace with ourselves, if that makes any sense.

[Marwind 13]

try not to stress, i know its easier said than done take your time putting the package together to send to USCIS. and yes Darnell is right, i the petitioner did the evolution letter. i looked at my i-130 and all of the documents that i put together, as i was wondering why i got an RFE. when i looked through it with an attorney friend i know, i realized i stressed out so much, i left out key information/detail and that is why i say, dont stress and dont hide anything, they will find out you overstayed, etc. its not a fun process and i refresh my computer to check the status of my i-130 a million times a day. i have began preparing my documentation for my waiver package when ever the time comes for us to send it off. Because my husband had to leave the country for his family, eventhough it was a decision we knew he had to do, we have been living in separate countries for two years now, but in the end it is all worth it. if he would not have left to help his family, i dont think we would live in peace with ourselves, if that makes any sense.

Thank you very much rylforever! It's good to feel that we are not alone. I totally understand your case as we've also been living in separate countries for two years.

I wish you the best of luck with your case.

[JohnR! 5,495]

The overstay will not be forgiven.

The OP is not in the US. If she overstayed and never left, then she would not be subjected to a ban and her overstay would be forgiven.

Since the OP overstayed more than a year and has left the US, she has a 10 years ban. Thus, her visa will be denied and she will need a waiver.

Big difference. This is why the general advice for an overstayed spouse is not to leave the US. Once a person leaves, it's harder to get back in.

We are speaking of the same thing. It is evident that she will need a file for a waiver. It is also true that in the case of spouses of US citizens the waiver is a mere bureaucratic procedure, the very nature of the CR/IR, being the evidence of hardship, in a bona fide marriage.

[san diego 407]

I was applying for K1 but had evolution of my relationship in the cover letter.