New here and in trouble :(

[NicoleX08 1]

You have basically 2 options:

1. File for a K-1 Visa for a fiance. This visa type seems to be going faster than for those that are for spouses. What happens is that they will approve the I-129 and send it to NVC (National Visa Center), They will then ask for more documentation. Once they have all the required information, I think, I am not positive, but since he came here legally, he can adjust status in the United States. He will have to file an I-601 for the illegal presense. He will only have to file the I-212 if he is actually ordered to leave or given voluntary departure. Once the visa is approved, you will have to get married within a certain time frame. Then he can do the spouse visa, it is a different type.

2. Get married, either here or in his country. Then file an I-130 for a spouse visa. It is pretty much the same procedure but you have to prove the relationship a little more. This way is a little longer but less costly.

I know I am forgetting some information, hopefully someone will come along and fill in what I have missed.

[payxibka 10,047]

You have basically 2 options:

1. File for a K-1 Visa for a fiance. This visa type seems to be going faster than for those that are for spouses. What happens is that they will approve the I-129 and send it to NVC (National Visa Center), They will then ask for more documentation. Once they have all the required information, I think, I am not positive, but since he came here legally, he can adjust status in the United States. He will have to file an I-601 for the illegal presense. He will only have to file the I-212 if he is actually ordered to leave or given voluntary departure. Once the visa is approved, you will have to get married within a certain time frame. Then he can do the spouse visa, it is a different type.

2. Get married, either here or in his country. Then file an I-130 for a spouse visa. It is pretty much the same procedure but you have to prove the relationship a little more. This way is a little longer but less costly.

I know I am forgetting some information, hopefully someone will come along and fill in what I have missed.

Option #1 contains many procedural errors. It does not work that way.

[NicoleX08 1]

how does it work? I was not positive since I had not gone that route...

[payxibka 10,047]

how does it work? I was not positive since I had not gone that route...

1) NVC will not ask for more information from a potential K-1 applicant. That is done by the consulate.

2) A potential K-1 applicant cannot adjust from inside the USA without a trip home for an interview

3) If a K-1 is issued and they enter the USA and marry within 90 days, no spousal visa is needed

4) When the visa is refused by the consulate, then a waiver request is made.

Edited September 3, 2008 by fwaguy

[NicoleX08 1]

how does it work? I was not positive since I had not gone that route...

1) NVC will not ask for more information from a potential K-1 applicant. That is done by the consulate.

2) A potential K-1 applicant cannot adjust from inside the USA without a trip home for an interview

3) If a K-1 is issued and they enter the USA and marry within 90 days, no spousal visa is needed

4) When the visa is refused by the consulate, then a waiver request is made.

AHHH Gotcha... One thing though, once they marry, he does need to have some sort of green card, that is what I has referring to. I am just not positve on what it is or how to get it.

[NicoleX08 1]

K-1 Visa

This link will help you with the K-1 process

[NicoleX08 1]

Spousal Visas

This is for the IR-1/CR-1 visa for those already married...

[payxibka 10,047]

AHHH Gotcha... One thing though, once they marry, he does need to have some sort of green card, that is what I has referring to. I am just not positve on what it is or how to get it.

True but you initially indicated a spousal visa, and a visa and a greencard are two very different things.....

[maya62 7]

To the OP, I am sorry you are in this predicament, and I wish you luck sorting it out.

I am curious: Although your boyfriend's visa had expired, once he got his head straight, did he stay and continue with his education? All four years? I don't know if the reason for the overstay will be considered, but it does seem like it might matter at some point.

I agree with those who have advised you to hire a competent attorney who has experience in this particular area of immigration law. I also agree that people shouldn't judge your boyfriend for what he did until they have walked a mile in his shoes.

Best of luck, and I hope you don't have to be separated.

Maya

[Mefrie 1]

OP here:

Wow, it seems this has stirred up a lot of controversy since I last posted. I may not be able to post every day due to work and life stuff I have to keep up with, but I've read through the whole thread, and I'd like to thank those of you who gave me links to forms and forums that may help me... I am going to go over them at my leisure right after this post.

When I posted asking for help, I didn't really think about the issue of those of you who will be bitter because you have done things "the right and legal way" the whole way through and it's taking so long for you to get proccessed.

I'm sorry for you.

I even agree that it should be harder for those who have messed up by overstaying. But I don't think it should be SO hard as it is for either of us couples, if that makes any sense. It should be easier for all of us, and I wish it was. But if you don't want to help me, just... don't help me, please don't spew venom at me. No one (except maybe Richard) wishes more than I that things had been aboveboard all the way through and he had not made that mistake, but there is nothing I can do to correct that at this point. All I can do now is try to move through this the right way from this point forward.

I do love Richard, and this whole mess has made me realize just how much. I love him more than enough not to want to lose him, and that love is why I am marrying him, NOT to try to circumvent the law. Yes, that has forced my hand a little and made me realize I was at that point in my emotions a little sooner than I otherwise might have, but if he was let out of detention today and handed freakin' citizenship papers, we would still be getting married. We love each other.

Richard did come to the US legally on a student visa, he didn't sneak in or cross a border illegally.

He completed his batchelor's degree and was working on his master's when he had problems due to family issues, a mental and emotional breakdown of a sort, which meant he failed. Failing invalidated his visa. He doesn't really talk about that too much, so I don't know how long after he learned he hadn't passed he was given to leave, and I don't know how recovered he was at that point. He stayed because he was scared, he didn't know a way to get out once his Visa expired without being in trouble for that, he thought he would not be able to come back ever if he left, and he hoped to find a way to renew his visa without leaving. I think (richard is not here to confirm) that was the summer of 2004 before the election, and some people thought laws would change or revert to pre-2001, when you could renew your visa without leaving, if Bush was not re-elected. If I have my facts wrong on any of that, I'm sorry, it was not something we had talked about more than two or three times.

But I don't dispute he stayed too long and is now illegal.

Continuing to harp on it just seems sort of pointless, though. It's not like he murdered someone or stole something or assaulted anyone... it seems more to me like a crime of omission and fear than something he "committed".

And to those of you who have said you did "everything" the legal way.... have you really? Your whole life? I bet not. You're "illegal" every time you speed or jaywalk, and I bet some of you have done worse things. Practically everyone has done some thing they aren't proud of or wish they could change, and just happens to be Richard's. Please could you not be quite so mean about it, if that's possible?

About the bribing: I know a couple of other guys from his country, and they all tell me it is not possible to get a visa without bribes there. Heck, I don't even know if it is illegal to bribe in Malaysia or not, it may be perfectly fine, lol. Seriously, though, it seems accepted and it's not really anything to do with US law, so it doesn't bug me at all... it does count as one reason I wouldn't want to live there, though.

Also, just because I don't have thousands of extra dollars lying around at a moment's notice doesn't mean I'm destitute either. I'm above the poverty line and I own my car outright and I also have bought my first house. Because of that, though, I have bills to pay and don't have very much "extra" money at all... but I would die before going on welfare or food stamps or anything like that. I'm just a lower middle-class joe trying to make it in life, hopefully as I get older I'll be able to do better financially through investments and stuff and get a little more of a nest egg for emergencies like this. I am a little worried about last year's taxes though because I was lucky enough to be able to work only part-time while I tried to work on a fiction book, but now it makes my income look worse than I wish it did, and the lawyer asked for that tax return for the hearing.

Well, anyway, nothing has really happened yet, I've just sent the lawyer all the documents he asked for for the hearing.

Edit: Also, to Maya, he was not able to continue his education because he was without a visa, but if we are able to marry he still has those credits so he will be able to finish it then and hopefully find a job. He is a very smart, hard-working man, he won't be a drag on the economy.

Edited September 4, 2008 by Mefrie

[carpe diem 2]

Mefrie, unfortunately I cannot offer anything in the way of advice, but I am hoping for a good outcome for both of you. You're in a really tough situation but the good thing is that you came to realize how much you love him. You will find a solution, whatever it is. Things can only go up from here!

To some of the posters attacking Mefrie for doing things the "illegal way": As she correctly points out, she is not asking help circumventing the immigration laws. She is merely asking what, given the current situation, their lawful options are, and whether marrying her boyfriend at this point would make things better or worse from an immigration law perspective, which is perfectly appropriate. Yes, the OP's boyfriend violated the immigration laws. They are both paying a very high price for that. The OP is forthcoming about the situation; she doesn't ask for pity or indignation, she is simply asking how best to proceed from here. In the more general forums, I've seen countless questions from posters who overstayed their visas, and nobody seemed to think much about it. Although the arrest of the OP's partner appears to change their situation dramatically from an immigration perspective, he wasn't more or less "wrong" than others who overstayed by a significant amount of time-- he just happened to be caught.

This is a frustrating process for all of us-- and for some more so than for others (I will admit it was relatively painless for me and I count myself lucky). But please try not to project your frustration about your own situation on others who are looking for advice, and who could use a bit of support in these very trying circumstances.

Best of luck to all of you who are separated from your loved ones!

[rebeccajo 14]

Mefrie -

I don't see anywhere in your writing wherein you disclose whether or not actual removal proceedings have begun against Richard.

You mention reading up on other sources 'at your leisure'. At this point, I believe time is of the essence and leisure may not be something you can afford.

Seek competent legal counsel immediately regarding Richard's situation. Immigration law is federal law and therefore not codified under state laws. Any attorney licensed to practice within their own physical juris can help you. In most cases (unless you live in a large metropolitan area) one will find they must go outside their physical locality to find PROPER counsel.

Only competent and qualified counsel can help you, and it needs to be an expert in FAMILY BASED petitions, not an expert in employment visas (which are easier to find).

It may (or may not) be relevant to your personal situation if removal has actually begun. If it is relevant, the timing of the marriage may also be pertinent.

Neither of these scenarios may be relevant to the law. But they are good questions to ask.

[Gemmie 142]

In the more general forums, I've seen countless questions from posters who overstayed their visas, and nobody seemed to think much about it. Although the arrest of the OP's partner appears to change their situation dramatically from an immigration perspective, he wasn't more or less "wrong" than others who overstayed by a significant amount of time-- he just happened to be caught.

I agree, I've seen many many threads in the K1 forum where the poster has said that there was a visa that was overstayed and so they're now unsure about which route to go. The response is usually to hire a lawyer. There is no need for defensiveness or responses like those in this thread.

Mefrie - I'm afraid I'm not very knowledgeable about these predicaments but my most basic advice is to look for a family-based lawyer that has experience with these kind of situations. I wish you both luck.

[ronjie 0]

mefrie, the good people of vj have a funny way of twisting words. if you read the original post #8 again with an open mind I'm sure you will understand the intent.. let me refrase it, and see if that helps. most people here are doing things by the book (right/legal way) and it is still an uphill battle the whole way ! now you will need an expert attorny in the field of immigration and deportation. I understand that money doesn't grow on trees and finances are tight now. but without an expert attorney on your side and your boyfriends, the chances of him not being deported are slim to none. and that is the reality of it. I mean no disrespect to you at all. has anyone offered you more useful information like an attorney you could make payments to. or maybe a way to delay the process so you can come up with a solution ? if so, I must have missed it. offering nothing but false hope will not solve the problem. to you I will apologize. to every body else that jumps on the hate wagon, well you know where to go...LOL

[KarenCee 3]

most all of us here are doing things the right and legal way, and we can do very little other than wait for our approvals of petition and visa's. sounds like he has been here a long time since his visa expired. and without money for a very good attorney your chances of keeping him here are slim to non, thats the reality of it...

....are you implying the OP's boyfriend was doing things the wrong and illegal way?

Because if you are, I wonder how you can come to that conclusion with the little bit of information we have been given.

NO I'm not implying at all... I am making a statement !! he overstayed his visa by years !!! and that is illegal. so I'm surprised you didn't catch that with all the info provided !! so he got caught and now she ask the good and legal members of VJ for help. so whats new?

most all of us here are doing things the right and legal way, and we can do very little other than wait for our approvals of petition and visa's. sounds like he has been here a long time since his visa expired. and without money for a very good attorney your chances of keeping him here are slim to non, thats the reality of it...

....are you implying the OP's boyfriend was doing things the wrong and illegal way?

Because if you are, I wonder how you can come to that conclusion with the little bit of information we have been given.

Well.... his visa is expired. I mean, it shouldn't have happened, he should have just gone to the doctor at the time so he would have gotten an excuse and not failed his last semester. I didn't know him back then and I didn't realize it was expired when we first started dating, but have known it now for over a year. I think the policy is silly, you should be able to renew in the US if something like that happens (like you could before 9/11) but yes, we are sort of going about this the, er, wrong way. But I have no choice about it, and I personally haven't done anything wrong.

no, you didn't do anything wrong.. b ut he did..

and i couldn't agree more. the policy's are silly.. I should be able to have my Wife here with me now. but thats not how life works... and we do things the legal way..

Maybe it was the above posts. portions of which are in red, that could quite possibly be the reason so many on this thread "twisted" your words? They do have a decidedly judgmental tone to them by the frequency of which you mention the word "legal".

To the OP: I hope you have been able to glean out the sound advice from this thread. I can't elaborate on any of it but I do wish you and your SO the best of luck wading through this difficult situation.