Walked out empty handed

[LaL 418]

Other members who's SO were present in EU countries illegally have gotten their visas. I believe the stance was that the US does not meddle nor care about the status in other countries.

here is one member in a semi-similar situation : here

Thank you for the info, but I dont think the beneficiary in that case was in Spain illegally, he just did not have perament residency there. We just have to take it day by day, and Im having the file transfered to Algiers on Monday, I need a few days to write things out, then I think better that way.

I do know, if visa is issued, he will have to go to Algeria to pick it up, he must be in a country legally such as his home country Algeria. It will all come together however the good Lord sees.

According to the OP he was:

New to this forum and would appreciate any help people can give me.

I met my finacee in Spain in Feb and we spent 4 amazing months together. I am back in the States starting the visa process. He is from Algeria but living in Spain illegally (2 years on a 15 day visa). He has no residency, and when I called the US government, they told me that he would need to have legal status in Spain in order to process the K1. He tells me he cannot go back to Algeria because they will not let him leave for 5 years, because he went over the time allowed on his visa to Spain.

Are there any other options for us????

Thanks,

Christina

[Beth/ Paris Heart 2]

Other members who's SO were present in EU countries illegally have gotten their visas. I believe the stance was that the US does not meddle nor care about the status in other countries.

here is one member in a semi-similar situation : here

Thank you for the info, but I dont think the beneficiary in that case was in Spain illegally, he just did not have perament residency there. We just have to take it day by day, and Im having the file transfered to Algiers on Monday, I need a few days to write things out, then I think better that way.

I do know, if visa is issued, he will have to go to Algeria to pick it up, he must be in a country legally such as his home country Algeria. It will all come together however the good Lord sees.

According to the OP he was:

New to this forum and would appreciate any help people can give me.

I met my finacee in Spain in Feb and we spent 4 amazing months together. I am back in the States starting the visa process. He is from Algeria but living in Spain illegally (2 years on a 15 day visa). He has no residency, and when I called the US government, they told me that he would need to have legal status in Spain in order to process the K1. He tells me he cannot go back to Algeria because they will not let him leave for 5 years, because he went over the time allowed on his visa to Spain.

Are there any other options for us????

Thanks,

Christina

Oh, okay, thank you, that does help with more light on this dark mess. THANK YOU!!!! I think I need to PM this lady.

[msheesha 548]

Other members who's SO were present in EU countries illegally have gotten their visas. I believe the stance was that the US does not meddle nor care about the status in other countries.

here is one member in a semi-similar situation : here

Thank you for the info, but I dont think the beneficiary in that case was in Spain illegally, he just did not have perament residency there. We just have to take it day by day, and Im having the file transfered to Algiers on Monday, I need a few days to write things out, then I think better that way.

I do know, if visa is issued, he will have to go to Algeria to pick it up, he must be in a country legally such as his home country Algeria. It will all come together however the good Lord sees.

According to the OP he was:

New to this forum and would appreciate any help people can give me.

I met my finacee in Spain in Feb and we spent 4 amazing months together. I am back in the States starting the visa process. He is from Algeria but living in Spain illegally (2 years on a 15 day visa). He has no residency, and when I called the US government, they told me that he would need to have legal status in Spain in order to process the K1. He tells me he cannot go back to Algeria because they will not let him leave for 5 years, because he went over the time allowed on his visa to Spain.

Are there any other options for us????

Thanks,

Christina

It seems like overstaying his French visa would further complicate things. I could be wrong, but if they're already suspecting something is up (even if it's not), I would imagine they wouldn't think highly of him being illegal in France.

[LaL 418]

If he is planning on staying - read through chris' topics to get information from her experiences. Seemed it wasn't a problem at all in the end.

[LOLAs 1]

O.k, then he will not have to leave France. Whatever it is that they have to figure out will be fine eventually. I think you should exercise some patience before transfering his case to Algeria. Transferring is not going to be that fast and heaven knows they may have to look into the case from the beginning again considering this delay. If I were in your shoes right now, knowing all this facts I will not transfer the case, I will leave it their and let them figure it out. You can call France US embassy and confirm if they would issue the visa in his passport even though his france visa is expired. If they said yes, I see no reason for you to transfer and cause further delay plus his trip to Algeria only to get their and wait in limbo again. Just my thoughts. What did attorneys think of that?

Other members who's SO were present in EU countries illegally have gotten their visas. I believe the stance was that the US does not meddle nor care about the status in other countries.

here is one member in a semi-similar situation : here

Thank you for the info, but I dont think the beneficiary in that case was in Spain illegally, he just did not have perament residency there. We just have to take it day by day, and Im having the file transfered to Algiers on Monday, I need a few days to write things out, then I think better that way.

I do know, if visa is issued, he will have to go to Algeria to pick it up, he must be in a country legally such as his home country Algeria. It will all come together however the good Lord sees.

According to the OP he was:

New to this forum and would appreciate any help people can give me.

I met my finacee in Spain in Feb and we spent 4 amazing months together. I am back in the States starting the visa process. He is from Algeria but living in Spain illegally (2 years on a 15 day visa). He has no residency, and when I called the US government, they told me that he would need to have legal status in Spain in order to process the K1. He tells me he cannot go back to Algeria because they will not let him leave for 5 years, because he went over the time allowed on his visa to Spain.

Are there any other options for us????

Thanks,

Christina

Oh, okay, thank you, that does help with more light on this dark mess. THANK YOU!!!! I think I need to PM this lady.

[lgg 2]

Beth? would you be able to tell us WHAT is holding you up then? I never for a second thought it was 'bigamy' on your part but for information/education's sake -- can you tell us what the hold up is?

o.k beth, seems like everything is falling in line now. if he won't need passport to go back to Algeria then let him go and leave the passport at USEM in France and If he the VISA is issued then he will pick up in Algeria where he would be legal. If he stayed back in France I don't think anyone knows that his stay is expired now except it is illegal and may create problem if found out. As an immigrant from the third world, going back is often a tough choice, if he leaves and the VISA is not issued that will not be pretty if he has nothing to fall back on at home, if he stayed till the end maybe he will find another way to reknew his stay in france and be legal.

If they are still looking for any bigamy on you that may make him inelligible so it may be a combination of checking on you and doubting him, and if they found nothing which they won't then their guts feelings has no proof and they will approve maybe next week since not this week. Keep calling your senator and DOS, you may get an answer

I do know one thing, it is not my past problem holding us up, that was confirmed to me a few minutes ago.

[Beth/ Paris Heart 2]

Beth? would you be able to tell us WHAT is holding you up then? I never for a second thought it was 'bigamy' on your part but for information/education's sake -- can you tell us what the hold up is?

o.k beth, seems like everything is falling in line now. if he won't need passport to go back to Algeria then let him go and leave the passport at USEM in France and If he the VISA is issued then he will pick up in Algeria where he would be legal. If he stayed back in France I don't think anyone knows that his stay is expired now except it is illegal and may create problem if found out. As an immigrant from the third world, going back is often a tough choice, if he leaves and the VISA is not issued that will not be pretty if he has nothing to fall back on at home, if he stayed till the end maybe he will find another way to reknew his stay in france and be legal.

If they are still looking for any bigamy on you that may make him inelligible so it may be a combination of checking on you and doubting him, and if they found nothing which they won't then their guts feelings has no proof and they will approve maybe next week since not this week. Keep calling your senator and DOS, you may get an answer

I do know one thing, it is not my past problem holding us up, that was confirmed to me a few minutes ago.

It seems to be all on him, I presumme AP.Even though our K3 was in AP for 37 days, the embassy called him about a week before our CR1 interview and said, K3 cancelled, your interviewing for the CR1 and which we did.

[LOLAs 1]

this is a good point now that you are sure it is not you holding the two of you up. I withdrew my suggestion to halt transfer to Algeria. Some people may be lucky but it is always a battle to get US VISA from abroad if you are not a legal resident of that country. You are strong Beth and the lord never give us more than we can bear. I don't know what they think it is but it is not unusual for them to suspect anythings even when they do not exist. I feel your pain and I am very hopeful for you

It seems like overstaying his French visa would further complicate things. I could be wrong, but if they're already suspecting something is up (even if it's not), I would imagine they wouldn't think highly of him being illegal in France.

[LaL 418]

Some people may be lucky but it is always a battle to get US VISA from abroad if you are not a legal resident of that country.

can you back that up with anecdotal evidence?

[LOLAs 1]

probably not on this website since i do not read most postings. I am a naturalized citizen in the US and I have relatives who have filled for their significant others in countries such as UK and even Cote'de' voire they simply told them to return to their country to process the VISA.

Some people may be lucky but it is always a battle to get US VISA from abroad if you are not a legal resident of that country.

can you back that up with anecdotal evidence?

[LaL 418]

Depends who "they" are and what each individual scenario surrounding the situations are. Chris, in the topics I linked to stated "they" (USCIS - who is just a call center with flip cards with one size fits all answers) told her the SO must be legally in the country where processed. Later she was told he just needs a valid address, several others found the latter to be true as well. They all processed fine.

I do not know the possible repercussions - perhaps a ban due to overstay in France or something similar (I have no idea), but the effect on US immigration seems to be negligible - again based only on the postings of a few others in this unique situation.

Edited November 5, 2009 by LaL

[LOLAs 1]

"they" here implied the embassy. I forgot to mention that I know of at least one person who got his VISA from U.K while some were simply told to go back to lagos for their processing though they were legally in that country (U.K). But you are right by saying every case is different, and that may be the reason why they were sent to lagos embassy.

I pray Beth here will get her VISA from France and need not go to Algeria.

Depends who "they" are and what each individual scenario surrounding the situations are. Chris, in the topics I linked to stated "they" (USCIS - who is just a call center with flip cards with one size fits all answers) told her the SO must be legally in the country where processed. Later she was told he just needs a valid address, several others found the latter to be true as well. They all processed fine.

I do not know the possible repercussions - perhaps a ban due to overstay in France or something similar (I have no idea), but the effect on US immigration seems to be negligible - again based only on the postings of a few others in this unique situation.

[Beth/ Paris Heart 2]

If he is planning on staying - read through chris' topics to get information from her experiences. Seemed it wasn't a problem at all in the end.

I justed talked with her through PM, helped me a lot, but also, Im waiting on confirmation from Washington, DC and the embassy on this matter of issueing in there illegally, Also reminded them he interviewed while there legally.

Thank you all for your assistance.

[Kenza 1]

BETH!!!! I don't know if this will help or not but my husband said that even if your french card expires, you have 6 months to leave the country! <- according to French government I presume.

[morocco4ever 63]

I would certainly work on obtaining evidence that proves that the consulate has his passport just in case in comes to bite him later with the French officials.

The fact that this has nothing to do with your past is actually a very good thing. I suspected that they could not do anything about that since it was approved by the USCIS. But I am sure they checked into it. And now it appears to be normal AP. I can see your concern. If it wasn't for the issue with his French visa I am sure you would have taken a huge sigh of relief when they said it wasn't your past. You have a unique situation, but it really is looking brighter every day. I can't imagine that an overstay in France would be of a concern to the US consulate, but it would be for the French. That is why I suggest you gather evidence that proves you can't get your passport.