Help, overstayed 25 days on VWP, now CR1 (merged)

[diegolunas 0]

Hello everyone, to make it short i came here on the VWP, i met my wife during my visit, we got married after 2 months, we fell in love fast, of course in another circustance maybe we wouldnt have gotten married that fast, but it was the only way to stay together, it was a rushed marriage.

We were going to send all the immigration forms, we had EVERYTHING ready (to adjust from VWP) but a problem happened with my parents back home, so i really need to go back to my country.

So we will go through the CR1 process.

Will it have a very negative impact that i overstayed 25 days on the VWP? will it cause a visa denial? i could explain them what happened, i dont have a ban right?

Another thing, there will be no interview together? i will be interviewed alone at the embassy? or does she have to come to my home country for the interview?

Thank you so much!!!

[Penguin_ie 5,994]

You don't have a ban. They will probably give you a bit of a hard time about the overstay at interview, but it should not cause a denial by itself.

There will be no interview together- some SouthAmerican US embassies like the petitioner to be present for the interview, but I don;t think Brazil is one of them.

[diegolunas 0]

Hello! ill try to make my story very short, I went to the USA last april, i met my wife going out, we fell in love and 2 months after we got married (it was rushed, i know nobody gets married in 2 months, but it was the only way to stay together), i was ready to file my AOS from the VWP (i have an european passport also) and something happened back home (parents wanting to divorce, fights, etc, problems) and i had to come back, so we didnt file anything, the papers were READY to send that week, i went back home, i had to, i couldnt leave my sister alone dealing with 2 crazy people.

Now the thing is.....

The I130 is ready from the package i had prepared before, i just need to change that i live here, instead of the USA, some little details

but we have like no proof of bonafide marriage, and even LESS now that we will live in different countries until i get (with so much luck) the cr1, , we were only going to send congrats cards, affidavit from a friend of my wife, her sister, now that im back home ill add one from my parents, pictures, some gifts receipts i bought her, but that was all, it was a short relationship, we got married after 2 months of meeting, and we have been married for 2 months now, and i had to come back :S

So we basically have no proof of anything.....(if we were going to do the AOS from the VWP, we were planning to show at the interview bills toegther, life insurance, she was going to add me to her health insurance too) but now...all that is impossible :S

Another thing, is the CR1 process much more complicated than the "i130 and i485 (AOS)"? because we could fill all the paperwork without major problems, i know cr1 takes way longer, but are the forms we will receive once the i130 is approved hard to fill? (the I864 is ready from the i485, but what about the others?, there are some called OF and a number

Im sorry for all the questions :S, im very worried, stressed, like all our plans changed in a couple of days

Thanks to everyone!

Edited August 14, 2013 by diegolunas

[milimelo 4,498]

No problems at all - for someone recently married and returned to their home country, they really don't expect much of co-mingling. Just be ready at the interview to show proof of continued contact - emails, snail mail, cards you sent her/she sent to you, phone logs, skype...

Yes, it will take a bit longer (8-10 months total?) but once you get your immigrant visa you will be a permanent resident as soon as you're processed at POE.

You can look up NVC guide (top tabs) to see what forms you'll need to fill out for embassy stage.

Good luck!

[diegolunas 0]

Thank you so much! another thing

will it be seen as weird if i send the paper work from Brazil? because i took the 130 and all the paperwork with me back home, mmm maybe i should send it back to my wife and ask her to send it

[Penguin_ie 5,994]

**** two topics merged. PLease do not start more than one topic on an issue/ question. If you have follow-on questions or an update, post these as a reply in this, the original topic ****

[M.P 0]

You should send it to your wife to send it to uscis..because she is the one petitioning..good luck bro