Maam1819

Wouldn’t it be evidence of a bona fide marriage? 

Write to the USCIS address on I-130 receipt. The letter should note the case number and purpose of the letter. Include a copy of the receipt and birth certificate. 
Unsolicited evidence is always allowed

This looks pretty confusing to me! I’m explaining to you what happened. I’m not here to trying to validate an excuse at all. His visa was valid for much longer than 6 or 12 months. He was there LEGALLY for 3 years. My husband is not perfect. He suffers from mental Illness and maybe that affected the situation. I think all of this is besides the point.  I just want to know if anyone has ever been APPROVED after a similar situation? That’s all. I want a glimpse of hope or maybe to know if it’s impossible so we can work on a back up plan for our future. Not to validate his mistakes— that’s not going to help us now at all. Thanks…

He uses the card often

Pictures are fine, but they usually do not confirm duration of visits.  It sounds like you have spent more time together in person than most going through that consulate.
 
Passport stamps from your trips together, and from your 2 month stay in Morocco are good evidence.  
 
I don't know if @Jeanne Adil has seen this thread, but she always mentions the importance of the male Moroccan's mother's approval.  Sounds like you have spent lots of time with family there.

I would apply now.  
 
If they want more they will tell you. 
 
Meanwhile  spend more time together.   

calm down and don't overthink the process.
The process itself is simple unless you make it complicated
Start with gathering the basics: everything you are required to submit to have the I-130 accepted (bare minimum)
Add as much supporting evidence as you can: photos with family, multiple entries to visit spouse, chat screenshots, etc
Money transfers from a female spouse USC to a husband in Morocco might be considered a scam, so be careful there

#1, 2, 3 are hard to come by for those who are out of the country married to a USC.
So you have to be a bit creative, and add other items to strengthen your petition.
 
Those from high fraud countries need more than other countries.

180 days is a LING TIME to remember. He has other major issues going on and it was an ACCIDENT why are we focusing on something that ALREADY HAPPENED THAT WE CANNOT FIX?!!!??? What’s wrong with you people?? I’m looking for a solution if your here to antagonize find something positive to do with your life. Just because YOU ARE UNHAPPY doesn’t mean you need to try to make others unhappy also! Spread love not hate - I’ll pray for you hating people when I’m praying our visa gets accepted also. Smh this is crazy 

There’s a different way of helping in my mind. Trying to tell me he’s lying and that he knew he was there illegally isn’t helping me at ALL. Does that make sense? He didn’t know I know my husband VERY WELL he does not like legal problems. He will not move the car with my seatbelt on he is very much a person who likes to avoid trouble with the law. He would not have intentionally stayed PERIOD. I HOPE EVERYONE GETS THAT! Now if you wanted to explain kindly that in the interview this may be their approach that’s very much different than what has been done in this thread. I need support not whatever we call this 

He was detained for over staying. Not for a crime… 

Thank you so much for handling this. It was causing me much more stress on an already very stressful situation. I just lost a baby I do not need more stress. My body cannot handle it. I appreciate you stepping in. 

There’s a different way of helping in my mind. Trying to tell me he’s lying and that he knew he was there illegally isn’t helping me at ALL. Does that make sense? He didn’t know I know my husband VERY WELL he does not like legal problems. He will not move the car with my seatbelt on he is very much a person who likes to avoid trouble with the law. He would not have intentionally stayed PERIOD. I HOPE EVERYONE GETS THAT! Now if you wanted to explain kindly that in the interview this may be their approach that’s very much different than what has been done in this thread. I need support not whatever we call this 

It was in between the 3 years when he over stayed and no he did not realize he overstayed he’s not lying. He told me the story of what happened- he said when the police asked to see his travel documents he gave it over very confident and then was very shocked when the arrested him for it being expired because he didn’t realize it was expired… He said it’s different from doing time for a crime it was time for just the travel documents expiring. Do you understand?

I mean if he's asked about violating immigration laws in other countries, ever claimed asylum, or overstaying in other countries (that can include "have you EVER overstayed a visa" or "have you EVER violated immigration laws"), he'd need to declare the what happened, where and all that jazz. But in terms of his ability to get a CR-1...no, I shouldn't think so. Oh, he'll also need the police cert from ROK and to explain any criminality there, but I'd doubt an immigration violation would be consider a CIMT that'd require a waiver. Although the prior asylum situation could cause questions over the validity of the relationship, there's no hard prevention of him being able to get a visa. Just be sure you have plenty of evidence to back up the marriage and be truthful!

over the 10 years
 

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There’s a different way of helping in my mind. Trying to tell me he’s lying and that he knew he was there illegally isn’t helping me at ALL. Does that make sense? He didn’t know I know my husband VERY WELL he does not like legal problems. He will not move the car with my seatbelt on he is very much a person who likes to avoid trouble with the law. He would not have intentionally stayed PERIOD. I HOPE EVERYONE GETS THAT! Now if you wanted to explain kindly that in the interview this may be their approach that’s very much different than what has been done in this thread. I need support not whatever we call this 

not paying the fine can be detainment the way Korean site states it/ doesn't say a crime
and they notify (or can notify ) the person's country of residence thru the embassy

i did say in earlier post my case was sent back to USA for a NOID -notice of intent to deny
reason- big age difference
 
i appealed and won
married over 12 years and he's a citizen
 
overcoming any obsticle immigration can throw at u is a matter of knowing things that can help like the 601 waiver
how to fight a NOIR or NOID
all 3 of the above have to have REAL and VALID documentation to prove your case is just 
CO said my husband did not know what books i read (stupid) but i produced a dated text message showing i was researching and reading online to help my mom as was writing a book
 
CO wants proofs not statements 
our government likes a paper trail of evidence for any visa 
 
Best to u both
allah yessir

Sending you a DM
 

All you can do is be completely honest on all the forms, including the visa overstay in Korea, attach a letter explaining his misunderstanding.  The DS-260 will ask for all of his details so include the overstay information as others have pointed out.  Also at the NVC stage he will need a police report from Korea, and the jail time will likely show up on that, so he should be prepared to explain everything.  It is good that you are spending lots of in-person time together, if you document all of that time and submit it with the I-130 petition or later at the NVC stage it will help.  No one here can predict exactly will happen at the eventual visa interview, but preparation and knowledge will be the key.  Hopefully everything will go smoothly in your case.  Good luck!

It was in between the 3 years when he over stayed and no he did not realize he overstayed he’s not lying. He told me the story of what happened- he said when the police asked to see his travel documents he gave it over very confident and then was very shocked when the arrested him for it being expired because he didn’t realize it was expired… He said it’s different from doing time for a crime it was time for just the travel documents expiring. Do you understand?

He was detained for over staying. Not for a crime… 

I plan to go stay with him over the summer and possible for a year while I elteach abroad so I’m able to afford to be there longer.  We do FaceTime daily.  I understand what you’re saying I’ve already gone through these conversations with so many people it’s really something I’ve had to just put out of my mind altogether but it does still bother me of course.  I guess if he does something like that it would be awful but at least he would have a better opportunity in life.  I would be devestated of course but at the same time I feel like I have to always think this could be the case. I don’t see us not liking each other in person when I was there things were so much better than the online and FaceTime I just want to be there with him now and get to know him better.  He can’t come here or we would’ve tried that already.  I’m just hoping for the best and looking for support we aren’t getting married tomorrow.