MENA K-3 visa expired

[amal 4]

Ok everyone. I have spoken about my friend before but now its getting down to the nitty gritty. He came on a K-3 visa with all good intentions. His wife went crazy on him which ultimately ended in divorce. He wanted to pay off the people that he borrowed money from in order to come here. In doing so, he ended up overstaying his visa about 2 months but has finally paid his last debt off.

Immigration contacted him and wants him to come in for a meeting but they haven't told him why yet. It could be a number of reasons such as his ex-wife marrying within 6 months of their divorce...to another mena man.

We think it's probably that they will deport him and he doesn't want to end up in jail as he waits to be deported. He is willing to leave on his own but was really hoping to save a little money before he goes back (he can now start saving since he paid all his debts off).

What would be the best option for him in your alls opinion? If he gets married here, goes home, and applies for CR-1 or K-3 will that have the potential to work? I want to help him coz he really means no harm and is a very good person but I am clueless as to what to do...

I trust you guys/gals more than any other forum here so that is why I'm asking in MENA.

HELP

Thanks

amal

[~Jackie~ 30]

Is he engaged? I dont think he can stay, as now he is considered an overstay. He cant adjust off the K3. It has an exit date and he ignored it.

I'm not even sure if the CR1 would work now because of the overstay. Amal, really the folks over in the others forums have answers for this.

jJ

wishing the best of luck to your friend

[amal 4]

which forum would u recommend?

[~Jackie~ 30]

If he marries here, and goes back to wait out a CR1, then CR1 forum.

If he marries here and wants to try to adjust, then maybe the Adjustment forum and the Waiver forum. Any ideas from the others?

jax to da max

[brnidokiegurl 0]

a lawyer sounds good about now

[ginny20 0]

If he overstays more than 180 days he will be banned from the U.S. for three years. If he overstays more than a year he will be banned for 10 years. The only way to overcome this ban for an immigrant visa is to apply for a waiver, which is based on the extreme hardship of the U.S. citizen spouse or fiance, but is quite difficult to prove. There is info on this in the Waiver forum.

See http://dev.hias.org/Immigration/Answers/overstay.pdf.

[Tunisia216 2]

Thank you.. I needed that info for someone as well.. Answers most of my questions!

If he overstays more than 180 days he will be banned from the U.S. for three years. If he overstays more than a year he will be banned for 10 years. The only way to overcome this ban for an immigrant visa is to apply for a waiver, which is based on the extreme hardship of the U.S. citizen spouse or fiance, but is quite difficult to prove. There is info on this in the Waiver forum.

See http://dev.hias.org/Immigration/Answers/overstay.pdf.

[amal 4]

thank you very much for your help everyone. That link was especially helpful....i"m just at a loss right now...

[blueblue 0]

Agree, he should check with a lawyer.

I am assuming they never filed for AOS as the divorce came on quickly after arriving? If so, basically, he can only adjust based on the original petition his now ex-wife filed since he entered on a K3. If no AOS was filed and since they are now divorced, he can not adjust. If he marries again here, he could not adjust based on a new petition from the new wife. If he overstays more than 6 months he will have a ban and will need to file for a waiver to over come it, or stay outside the U.S. for 3 or 10 years depending on how long the ban is.

The waiver for the overstay is a long, involved process and not always approved, especially for MENA countries as most of them go to Athens for adjudication. Avoid the overstay of more than 6 months is the best advice possible. Double check with an attorney before he leaves to know exactly when that overstay would/has started.

Edited September 1, 2008 by blueblue