Engaged BUT fiance overstayed + lost foreign passport

[flacka 32]

Hi! Unsure what topic this belongs under but really needing some advice, if anyone has any. 

 

My fiance came to the US on a p1 visa. He has overstayed just about 4 years now. We've been engaged for almost a year and would like to get married this summer. Fine and dandy except! he lost his passport in a move a few months back. He did not file a police report because he is/was afraid about the overstay. So now we're stuck between a rock and a hard place. Can't get married without him having a passport but how are we going to be able to replace it with him being in the US? Are there any options for us at all? 

[Cathi 5,609]

To get a new passport he needs to go through his country of origin. 

[flacka 32]

2 minutes ago, Cathi said:

To get a new passport he needs to go through his country of origin. 

Yes, thank you! I guess my real question is if anyone knows how difficult that will be since he is in the US and not his country? The whole thing seems like a nightmare!

[carmel34 3,528]

8 minutes ago, flacka said:

Hi! Unsure what topic this belongs under but really needing some advice, if anyone has any. 

 

My fiance came to the US on a p1 visa. He has overstayed just about 4 years now. We've been engaged for almost a year and would like to get married this summer. Fine and dandy except! he lost his passport in a move a few months back. He did not file a police report because he is/was afraid about the overstay. So now we're stuck between a rock and a hard place. Can't get married without him having a passport but how are we going to be able to replace it with him being in the US? Are there any options for us at all? 

Depending on the country you can usually get a foreign passport in the US from the embassy or consulate of that country.  Once he has the passport he should leave the US to return home because of the overstay.  Then you can file for a K-1 or a CR-1 to bring him back legally, it takes about a year.  After that you will need to file a waiver application because of his long period of illegal status in the US.  

[nastra30 1,968]

He can apply directly at his country's embassy in the US. Most embassies do that.

[Boiler 43,394]

Some require you to show legal presence, otherwise they will issue a temporary travel document.

[carmel34 3,528]

4 minutes ago, flacka said:

Yes, thank you! I guess my real question is if anyone knows how difficult that will be since he is in the US and not his country? The whole thing seems like a nightmare!

Time to do A LOT of research--visit the Ireland US embassy website for information on the passport, then much more research on how you can get married and file for him to become legal in the US eventually, those guides for K-1 and CR-1 are here on Visa Journey, look for the links at the top of the page.  The process is long, expensive, and requires much knowledge and patience.  Good luck!

[USS_Voyager 1,971]

19 minutes ago, carmel34 said:

Once he has the passport he should leave the US to return home because of the overstay.

Uhm, no. That would trigger a ban of 10 years because of more than 1 year overstay.

 

He needs to get his passport, then get married, then file for AOS / EAD/ AP. He shouldn’t leave the US until at the minimum AP is approved.

For overstay, I usually say until GC is approved.

 

The waiver process is discretionary and requires “extreme hardship” to the US citizen spouse. So I would only consider that if there is no other alternative.

[Russ&Caro 1,548]

12 minutes ago, USS_Voyager said:

Uhm, no. That would trigger a ban of 10 years because of more than 1 year overstay.

 

He needs to get his passport, then get married, then file for AOS / EAD/ AP. He shouldn’t leave the US until at the minimum AP is approved.

For overstay, I usually say until GC is approved.

 

The waiver process is discretionary and requires “extreme hardship” to the US citizen spouse. So I would only consider that if there is no other alternative.

This is the reason why getting a new Ireland passport while continuing to reside in the US, is critical. Should he be required to return to Ireland to obtain a new passport the immigration journey becomes a lot more complicated.

[USS_Voyager 1,971]

Consulate General of Ireland
1 E Wacker Drive
Suite 1820
IL 60601
Chicago
+1 312 337 2700

 

Call them up Monday using his charm and Irish accent to ask if there is anyway he can get a new passport.

[Mollie09 1,543]

Irish citizens can apparently renew passports online: https://www.dfa.ie/passportonline/

If not, your nearest Irish consulate would be able to help with that, not a huge deal. Should report passport lost, won't be a problem with overstaying and can possible save some headache with renewal process - you usually have to indicate what happened to the previous passport and present it if not lost/stolen.

Then DO NOT LEAVE THE US, apply for concurrent I-130 and I-485, with I-765 and I-131 for good measure.

[Ethan & Shannon 385]

I am a UK citizen and I’m eligible to get a new passport online and I haven’t had a UK passport since I was a child. You don’t need to leave the country to get a passport.

[WeGuyGal 1,052]

Some embassies are finicky about issuing normal passports to those lacking legal presence in the US. 

[junkmart 320]

On 3/31/2019 at 11:05 AM, flacka said:

Yes, thank you! I guess my real question is if anyone knows how difficult that will be since he is in the US and not his country? The whole thing seems like a nightmare!

Here is a link to the Irish Consulate with information on renewing a passport for an Irish citizen inside the US.

 

https://www.dfa.ie/irish-embassy/usa/passports/how-to-apply-for-a-passport/

[flacka 32]

Hi everyone, just wanted to say thank you for all of the great advice! I don't want to jinx it but so far so good - his passport application is processing! Thanks again!