ninmo068

I'm also curious where you're flying to and from for that price. Seems really high but I don't fly too much.

That was the price.... With Delta Airlines and he's from your part of the world.

Where's he from? The North Pole?

LOL... NO!!! We might be better off if he was. Really... that was a one way ticket flying with Delta. Even using some of my flier miles.

Just a few things I would throw caution to the wind about:

1) While snowstorms and volcanos are good reasons for a flight to be temporarily delayed these are not valid reasons for extended overstays therefore this information has limited value.

2) The price of tickets would not be a valid reason for overstay either.

3) Waiting for a divorce to be final so you can get married would also not be considered a valid reason for an overstay.

Be careful what you use as an excuse for the overstay and how you present it or you may be digging a hole deeper than you realize.

I agree... I think you are very correct on that. The only problem is...really i don't have the money to send him back. So the overstay with no money is all i can say. That's the truth.

Where is your fiance from?

I've never heard of a plane ticket costing that much unless it was first class or business class.

Today.... It is $2533.10 for a one way ticket

It does seem that things may be changing. The OP has reason to worry, I think. Personally in this situation I'd seek the advice of a good lawyer who keeps up with things like this.

I may be way off. But it seems like the OP needs to choose between:

1. sending her fiance home (married or unmarried) and applying for a K1/CRI, with a possible risk of a ban

2. marrying now and applying for AOS after the I-94 has expired, with possible risk of denial due to overstay

Am I understanding right?

The question of overstay has been pretty much a non issue as far as I can tell, until more recently. My husband was a VWP adjuster, with long overstay. We had no problems at all, this was just last year.

It just seems like I am reading more often that the overstay may now be an issue.

It seems to me that if the OP's fiance has overstayed less than the 180 days that he would be better off to go home at this point. There seems to be less risk involved that way, IMO. I personally would have taken the less risky option, had there been one.

I am also wondering if the OP's divorce being in such close proximity to a new marriage would raise any red flags.

The marriage would have been over, if my divorce lawyer would have filed the papers when i first paid him as he had represented he was doing, and had done. I would have sent him home (not that i would have wanted to) if i could have afforded the now High priced ticket. The ticket to get him home one way is $4700 ... i mean OMG.

Sorry if I sound harsh... But if you don't even know what I-485 is, you obviously have done no homework at all. There are TONS of information available online. I would really suggest start Googling first, then come here and ask questions on things you don't understand. You will get SO MUCH MORE outta this forum if you ask more specific and well-informed questions.

Sorry again, don't mean to offend you, just think if you do some research it will really help you greatly.

LOL... I understand. The i-485 is the Application to Register. Permanent Residence or Adjust Status. I was trying to remember off the top of my head which form was which, Due to i don't have the information that the attorney completed in front of me. I am new to the process... and i think that some of my smarts is a little impaired at the moment due to FEAR.

Thanks again... researching away. =)

From everything I've read recently, AOSing from the VWP isn't possible once the I-94 is expired.

Overstaying right now isn't a big issue. He might make himself ineligible for the VWP but he's not going to get banned and it won't stop him applying for a spouse/fiance visa. He should go home (he won't have a ban unless it's over 180 days, then it's a 3 year ban, 365 days = 10 year ban) and you should apply for a fiance (k1) or spouse visa (cr1). Personally I think the CR1 is the best option.

There was a thread yesterday or the day before about a couple that applied for AOS but didn't send the right documents so by the time they sent it again he was past the I-94 expiration date and officers came to his door and detained him. I think you should look into this right now. You don't want to risk it if this is what you're thinking.

Above all else KNOW that overstaying right now DOES NOT stop him from getting a spouse or fiance visa. He WILL NOT have a ban from it. He will need to note it where asked but otherwise, not an issue. Make sure you keep ALL paperwork about the volcano etc so if he wants to apply for a visitor visa down the track you have proof of why the overstay was "accidental".

Good luck!

Thank you for your insight to this.... TO ALL of EVERYONES insight. I am sure there are alot of people scared of losing the person they love over paperwork. I have all the paperwork from EVERYTHING i even have were my divorce judge said on record, that she would waive the 60 day rule for my divorce on record if she could. Due to she understood what it caused down the road for my life now and the immigration issue. CR-1 ?? what is the difference.. and the attorney i talked to mentioned the i-485. What is that?

Why would he come over with a one way ticket for a visit?

He didn't have a one way. He came into the airport where i was on vacation, we spent the vacation together. We then went back to my home... and enjoyed my city. His ticket was for quit a length, but when it came time for him to go back we missed the flight. Then he rebooked and a snow storm hit, and the airline wouldn't let him rebook again. So now we are stuck with me paying for the ticket back. Just has been mistiming over and over.

IMO, very risky.

http://www.visajourney.com/content/i130guide2

Why not just file an I-130 without the atty, then you handle all paperwork ?

That's interesting due to that is how i was told the process would go as well. That after we were married, and instead of filing for the K-3, that the attorney was going to file the I485

Well hopefully in total, his overstay will only be 42 days. That will be just after my divorce is final, and we could be married.

Well it all depends how long has he overstayed? Read USCIS website, they seem flexible for people who overstay their visa due to not being able to fly home because of the vulcano.

If he stays here, he better be prepared for the "fun" of being an illegal (talking from experience): not being to able to work, not being able to drive (equal to not having legs, if you don't live in a big city) and just generally feeling dehumanized. That's really something to consider.

On the better note, if you are planning on getting married after your divorce is finalized, you can file for adjustment of status and if approved he would receive a conditional green card.

Hope that helps a little..

Hello everyone from One of the Newbies!

To say the least, a little scared of losing my love, due to mistiming, the stupid volcano, and lack of financing to comply, thx to high plane ticket prices.

After visiting my love twice in his country, needless to say I was in heaven when he stated he was coming to the US to see me. The problem started, due to lack of knowledge of how our country works, my love came to the US on a visa waiver. After weeks of heaven, long talks, and our relationship growing every day. We started having talks change from how wonderful it is to how could we not do this forever.

I filed for divorce from a long estranged ex that was due to just pure laziness, and then hope of OUR relationship starting. Well needless to say the not very good divorce lawyer, delayed the filing which caused my marriage not to be done in time. So then the heartbreaking decision came upon us, that we would start having to prepare for him to return to his country. Only to have the Volcano blow up, the already High plane tickets went higher, and we didn't find out that an extension could have been sought until after it ended.

So now I can't send him home, he has to overstay, and we are very afraid of what to do now. We talked to a lawyer who agrees that we appear to be stuck. I can prove everything, the timing, the divorce, the payments, of why we are in this problem now.

Question is..... Do you think that i am going to lose him forever due to how our situation has developed? When we started this we were good friends online of course, then a visit / vacation it became a little more, then a visit / vacation became a little more then again. There was no intention of Marriage, or him staying here. Matter of fact i wanted to stay there.. LOL. Any thoughts, advise, possible issues that we could face would be appreciated.