Overstayed Visa 1 year

[angelamariefisher]

Ok, I feel LOST. I met my fiancee about 5 years ago in the U.S. he was there as a student. We have been dating for well over a year now, most of which has been long distance. The reason, he moved back to Venezuela to help his mom out, and he was getting very paranoid about overstaying his visa (Over a year).

I am here now with him in Venezuela, we want to be married and are taking the proper steps to do so (albeit VERY difficult thus far) but we are doing our best. WE have run into a few snags with documentation, and I just had to request to documents from the U.S. to be "appostilled" ~> Long story short, I am now 8 weeks pregnant. I would like to have our baby on U.S. soil with my love, fiancee "soon to be husband" with me!!!

What are the possible ramifications I could expect, and what are the possibilities that he would be denied after I file I-130?? Would they deny someone with a baby on the way, break up a family?? I am NOT wealthy, nor is my family, I was a social worker in the states, and I have a tiny savings, like microscopic. His mother will not help us, in fact she is going through some typical jealous phase with me, and is really passive aggressive at this time, also she has told my fiancee that if he leaves again, she is "dead to him" SO, on top of all the paper work non-sense, we are dealing with this extra emotional baggage. ~> ARGHH I want to pull my hair out! Help please, or direct me to someone who could. In the meantime I will try and just breathe.

THANK YOU

[kitkat1]

The petition will not be denied but the visa will and he will need a waiver.

Start here:

http://immigrate2us.net/forum/showthread.php?t=2395

[Laura]

Welcome Angela,

If he overstayed by more than a year and left then you will need to prepare for the I-601 waiver. For that you will have to prove that you will suffer extreme hardship if your fiance's 10-year bar is not waived.

Hopefully that guide that Kitkat linked will help with the basics.

Unfortunately this process is not going to be done by the time you have your baby. I'm not sure how long it will take once you get married, for the petitioning and NVC process but probably at least a year until he gets an interview in Caracas (?). Then he will submit the waiver and still have to wait until that is approved. The waiver will be sent to the Panama City sub-office for adjudication. They are known to be slightly more strict than Mexico but not terribly difficult. Joy&Pain's husband was recently approved through Panama.

Good luck!

[Ana Maria Schwartz]

Hi Angela-

I just wanted to say hi here. I answered your timeline question on the other forum but I wanted to tell you that the people on this website are great and can help you with a lot of the questions you have. Welcome!

Annie

[angelamariefisher]

Thank you, everyone who has replied to my question. I have started the long journey of reading the various links. I looked at the hardship letter posted by Lauren ~ Thank You!! I have been in Caracas now since Jan, and I am starting to feel isolated. I am fearful to go out by myself, I have blue eyes and fair skin. Kidnapping happens here A LOT, and anit-American sentiment is HIGH. I was a clinician for a psychiatric unit in PGH, and I know what proper steps to take to keep my mind sharp.... but, not feeling safe to go out alone is stifling and disturbing, as I am a very active woman :shy:
I love my fiancee more than I have loved and cared for any one. He loves the states, and developed a great bond with all of our friends. When he finally decided to leave (the looming fact that he was breaking the law was troubling to him) he was hesitant.
He left Venezuela in 2002, a time in which the country was in major social/political turmoil (not much has changed), he has been to the U.S. since he has early memory because his uncle became a citizen by the late 70's, and he stayed with him on several different occasions. Leslie took our language seriously, passed TOFEL test, and applied to become a student in PGH, where his uncle lived close by.
LONG STORY SHORT, he regrets deeply what he did, his motivation was due to fear of returning here, and the bonds he had made with everyone was hard for him to just leave (the day I took him to the airport, I thought I was falling through the center of the earth) But, I am here now, 3 months;) pregnant and missing my family and friends as much as he is, there in Pittsburgh. The hardship letter I read through hit me right at in my core. Again, thank you for steering me in the proper direction (ascertaining proper information here in Caracas is a JOKE)
-Angela

[jsierra1982]

just wanted to say hi and good luck with your process.

[chalakita]

Hello Angela - I know all this process sucks! My husband gets so mad everytime he thinks about this whole process and how he cant do more for his wife (he is the best!). Think about your pregnancy and try to relax (I know easy to say), but right now you should stay here (immigrate2us.net) and get all the info you can get, and decide if you guys want to start the I-129 (Fiance) or I-130 (for spouses). Good Luck

[angelamariefisher]

This may sound like a silly question, and yes I am completely ignorant to all of this :innocent: But, how is it "they" find out you have overstayed your visa??? what if the school you attended never reported you? Is is just as simple as running numbers, and it just comes up??

Thanks so much,
Angela

[chalakita]

Angela - Dont lie to the INS! They have their ways to know.

[sdgcas]

Angela, don't lie to INS!!! Chalakita, you were wright! Lie one time - you all done!!

[angelamariefisher]

I am not intending on lying... just very curious as to how they check, and or know how long someone overstayed, etc. Just pure curiosity. :huh:

[Shrek]

If you enter legally on a visa, they have a record of your arrival. If you leave the US via airport etc, you must show your ID or passport, hence a record of your departure. It's all in the computer.

[angelamariefisher]

Hi all. Well, as I had mentioned in a previous post, the situation here in the apartment was shaky/unstable. Today, my fiancee and his mother had an argument and she is now kicking us out! Ahhh, nothing like being 3 months pregnant in a foreign country.... I am still waiting on my apostilled papers to arrive so we can marry. Knowing our situation with an overstay, if I left Venezuela and went back home, applied for a K-1 fiancee visa, what do you think the likely hood of us actually getting it would be??

I have never been in a more stressful and confusing situation. Help:bluesad:
As always, THANK YOU.
-Angela

[Coventrated]

With a properly written waiver, reasonably high.

You can apply for the K1 as soon as you have your paperwork completed.

[angelamariefisher]

Coventrated,

What steps should I take now?? I feel so, so lost and feel like a child. I feel ashamed, or something close to it. :shy:

[Coventrated]

Depends on what you want to do.

When you want to Marry

When you want to come back to the US.

[angelamariefisher]

i know this process is very time consuming. I just wondered with an overstay violation, what the probability of him getting accepted would be.

[discoviking]

Depends on the hardship to the USC family member i.e. you if he is not allowed to enter the US. I would start with looking at approved hardship letters to get an idea of what applies to your case and what you need to prove. You should also take a look at the denied ones, to see what did not work. But each case is unique.

He will initially be denied a visa, and when that happens you need to have a strong hardship letter ready for the waiver. That is going to be key.

[chalakita]

Angela I think the I129 will be the faster way for you. Since you are in Venezuela and Americans are not really welcome there
(starting with the president) I will use that as part of my HSL. I will start putting together all the reasons why you as an USC will suffer if you move to Venezuela for 10 years. Good luck!

[angelamariefisher]

thank you very much, for your opinions and support.