Nina and Erwin

Assuming you meet the residency requirements, your child will be a US citizen as well. You will file a CBRBA if you have the child in Belgium so the child can receive a US passport.

As for having the child in Belgium, I guess that is really up to Belgian immigration laws. Will they allow a pregnant woman into their country? What about insurance, how will you pay to have the child in Belgium?

And yes, the I-212 will come at the interview stage.

Good luck

I am a USC... love it most days.. Until i met this Belgium guy.. LOL. I just didn't want to have to leave them both behind. I have insurance... I assume that my insurance will cover some of the expense. It's possible that they wont let me in the country cause im Pregnant? Really?

According to the Monroe County i can formally in writing request to get married within the facility. Which will be mailed today...I am asking PLEASE someone pray for us. Also met with lawyer, and he states that the I-212 will come much later in the process. That once we are married that i am to file the I-130. My question to everyone is will i make matters worse if when this child is ready to be born, can i go to him in Belgium so he can be a part of Her/His life? Can i have my baby with him in Belgium? I want for him to see his child born... BUT what will that do when it comes to the baby? Will i have to fight for both to come home? Just a thought.. He should hold his child, kiss her, smell her... Thoughts?

I've been thinking about this since I woke up this morning and I sincerely feel for you. Is there any way you can get proof that you tried to change the ticket, did you get anyones name?

On a VWP if you overstay you are not allowed to enter the US on a VWP again, but you can get a visa. If he does go back to Belgium and chooses to apply for a visa he is going to need to show proof of strong ties to his country etc. Btw Belgium is beautiful as you probably already know.

I hope you get a good attorney as they really have cracked down on VWP overstays. Is he close by you, can you go visit him? How is he holding up, are you able to take him things?

Now you have an alien (thats what I called my son) onboard you need to take good care of yourself, try to stay calm and eat anything ginger to help with morning sickness if you have any. Most of all get yourself a damn good lawyer and don't give up

Met with a damn good lawyer yesterday .... informed that i can not proceed with anything until we marry. Whether he is here in custody and we marry, or I take a vacation and marry him in Belgium. Then according to the attorney, i file the I130, then go through the approval process, then the NVC, then interviews, then the i212. Sigh... so maybe by 2012.. I can have my relationship back. This is my thinking... I believe in my government to a point.... But i don't believe government should be involved of matters of the heart. They have no business in that. In my opinion. I will keep you updated..

The quick answer to that question is because VWP entrants are subject to removal without judicial review. This means that under most circumstanes there is no chance to ask for formal voluntary departure. Also, VWP entrants are not entitled to removal proceedings but they are entitled to asylum only proceedings.

As the previous commenter said, as long as the overstay is less than 180 days there is no ban. However, if he is deported there will be a ban. This ban can be easily forgiven with the filing of a 212 waiver. There is no hardship standard as required with the 601 waiver and it is based more on positive factors outweighing negative ones.

Going to see the attorney today... at 4:30pm ( it's 243pm now) Bitting my nails. Talked to DHS and they say his travel pack has already been requested. He is GOING!!! NO MATTER WHAT!!!! So i have requested formally in writing if i may be able to marry him there ( in the facility) before he leaves. But DHS says that the Director of the facility would have to approve it.. and that could take up to 30 days which we don't have. Or at least that has been the indication that he will probably be on a plane within the next week or so. The facility has been helpful.. the ICE (Immigration Custom Enforcement officer) States that he Violated the section 217 which is the only thing against him. That i should file the I-212 and Take a vacation to Belgium - I am still understanding why the advise to go to Belgium. I don't know what he was trying to tell me. Do i have file it in his country? Any suggestions on what he might mean? Haven't had a chance to talk to him again for clarification.

I have not read all five pages yet.

1. REQUEST VOLUNTARY DEPARTURE and have him leave as soon as is possible.

If he leaves before 180 days of overstays and manages to get VD, he will not need a waiver and can be approved same day for his visa. HURRY!

2. If he does get deported, you can decide to get married first or just file the k1 . . . .once you have a receipt notice, file the I-212 at the area over deportation. If they are processing simultaneously, you save a LOAD of time.

Always consult an attorney!

I keep trying to figure out what this comment means? " manages to get VD" What is " VD" ??? I am sorry .. I have played that over and over in my head.. have no idea what that means.

I've been thinking about this since I woke up this morning and I sincerely feel for you. Is there any way you can get proof that you tried to change the ticket, did you get anyones name?

On a VWP if you overstay you are not allowed to enter the US on a VWP again, but you can get a visa. If he does go back to Belgium and chooses to apply for a visa he is going to need to show proof of strong ties to his country etc. Btw Belgium is beautiful as you probably already know.

I hope you get a good attorney as they really have cracked down on VWP overstays. Is he close by you, can you go visit him? How is he holding up, are you able to take him things?

Now you have an alien (thats what I called my son) onboard you need to take good care of yourself, try to stay calm and eat anything ginger to help with morning sickness if you have any. Most of all get yourself a damn good lawyer and don't give up

Thank you for your thoughts... sorry that it stuck with you this morning. =) I really appreciate the kindness, and the help. He is sort of close about an 1 hour away. Better then Belgium!! I'll take it! =) He is doing ok, scared, mad that he will be leaving his child behind. But he tries to stay in good spirits like he got down on his knees during the visit and did the whole PLEASE MARRY ME!! Of course everyone either got tears or cheered. I just want him home. This is his home.

The little alien lol... is taking alot out of me, that is for sure. I will try the ginger... cause lots of morning sickness. It's always money when it comes to lawyers.. lol and lots of it. This was not supposed to be this expensive. lol. Maybe he can find a way to keep him here. I hope so... thank you again.. I will keep you posted if you want. Have a good day. =)

wow i feel very much for u i myself was an overstay arrived in april of 04 didnt get documented till april 09 and finally just got my conditional 2yr greencard .. only advise i can say is hire a lawyer my lawyer thomas gilbert helped me and my wife get threw my case with very little issue i am sure he could help you. i hope you get this sorted soon

Thank you.... so much. Anything and everything is worth a try. I just am trying to keep him on US soil.. I just am worried if he is out...of the country, that they wont let him back. I will give him a call... hopefully he is around Michigan. Thanks again.

Duplicate thread moved from K-1 visa forum as this is not a K-1 visa concern (even though it is a fiance) and merged with existing thread in this forum and duplicate post removed.

Why did you move my post from the k-1 section? I understand that it doesn't completely pertain to k-1... But now filing a k-1 is the only option ... maybe that i have to get him back if he deports. I placed it in k-1 due to there is more people, more advise... Please put it back. all the support , opinions, and advise... there is always a possibility.. the more options you have open. Sometimes it just takes that one person to have the answer.

Well everyone warned me... and all have commented a lot about my situation. I can't login to my other account, waiting on Visajourney to unlock if they can. Here is my situation. My finance` came in on a visa waiver, due a divorce from my ex that was prolonged, volcano, and just not enough money to send him home. Apparently someone i know turned him in. He was a overstay / out of status for 49 days. We were to marry today!!! He's now in custody to be deported. Oh yeah did i mention that i am pregnant found out the day after he was taken. Now what? All i can do is prepare myself for the worst? Is that really what i am faced with? I assume that i can not marry him in custody. I assume that if i apply for a K-1 they are going to throw it in the trash. Am i really going to be left with raising our child together by video cam? Are you serious? I am so scared!! I don't know if i can cry no more. ( not yet anyway) Please say that someone has some advise?

How do i proceed with this?

(5) If you are in the United States and are applying for adjustment of status under Section 245 of the INA, or are seeking advance permission to reapply prior to your departure from the U.S., submit the application to the Local Office having jurisdiction over the place where you reside.

No, hopefully you are not going to have to raise your child by webcam. Yes the overstay and the deportation does complicate things but these are overcomeable. The I-212 will be completed to overcome the deportation and perhaps the I-601 (if deemed necessary). These forms exist because you are not the first person to go through this. Consult Laural Scott at scottimmigration.net - she offers free immigration chats on Wednesdays to see what your next steps are but certainly petition for him - there is no other way to get him to the US.

I am so sorry for your plight. Good luck to you

Thank you for your kind words.. We need all the luck we can get. A little bit of hope thrown in couldn't hurt. Do i file these forms? Or should or need to hire an attorney? Due to there is no timeline set for WHEN they are going to put him on a plane. Some have been there a couple of months waiting which i hope for ( sort of for our sake). But i wouldn't wish custody on anyone. Some get shipped very week. He seems to think that he might be there a while since other from his part of the world have been waiting for a while. Thank you again for your time, and caring enough to respond. All I can do is reach out to the world.. and see if anyone has been in my shoes, and see if anyone has a start to the answer.

Please note overstaying a VWP is not the same as overstaying a visa, you need to speak to an attorney to see if anything can be done. Unfortunately it seems your guy came in on the VWP to marry and stay, you are going to have to prove that is not the case, you are going to have a tough battle. Oh and on the VWP you waive any rights to an immigration hearing, or at least that is what I have been reading.

I wish you the best of luck with your situation, congratulations on the baby btw and if things do not work out with your guy moving here, may be you can move to his country to be with him?

Please do not think I am being mean, because truly I am not, I just want to you to know you are going to have to fight for your guy to stay here now.

No offence taken I appreciate your honesty... I wish he came over here to marry. But that was not the case at all. I had been there twice, and he came to see how my end of the world was. We had a good time on vacation in New York, and we came to my home town of Good ol'e auto city. He did miss his flight due to we had to get back to JFK verse from Detroit. When he tired to rebook... the lovely volcano hit. No more round trip ticket rebook. All gone. So we had a serious talk... We just knew that neither one of us wanted him to leave. So we sought out legal advise. Of course we were told that we would be taking a risk ( now we see why)But who knew that on the weekend we were going to be independent... lol all i can do is shake my head and cry. We were supposed to be MARRIED TODAY!! ( sigh) It is what it is... The marriage talk came way after the JUST enjoying each other evolved. Thank you for taking the time.. to read my story and respond. I just need to try to keep him from getting on the plane now. I hope you understand.. our time is ticking. Thanks again.

Well everyone warned me... and all have commented a lot about my situation. I can't login to my other account, waiting on Visajourney to unlock if they can. Here is my situation. My finance` came in on a visa waiver, due a divorce from my ex that was prolonged, volcano, and just not enough money to send him home. Apparently someone i know turned him in. He was a overstay / out of status for 49 days. We were to marry today!!! He's now in custody to be deported. Oh yeah did i mention that i am pregnant found out the day after he was taken. Now what? All i can do is prepare myself for the worst? Is that really what i am faced with? I assume that i can not marry him in custody. I assume that if i apply for a K-1 they are going to throw it in the trash. Am i really going to be left with raising our child together by video cam? Are you serious? I am so scared!! I don't know if i can cry no more. ( not yet anyway) Please say that someone has some advise?