CR-1 with overstay problem

[Billy&Fabiana 0]

Just wondering if anyone with Brazilian spouse is filing CR-1 with an "overstay problem" in USA to share experience.

We feel a bit lost and after reading these forums we are concerned about the lengthly process.

Thank you in advance for sharing any similar situations.

[frali 2]

Over stay will really depend on length of over stay. If you give us more detail as to the time of over stay... what visa the person entered with etc? I am sure you will get more responses.

[Aryadne e Kevin 0]

Hi, I overstayied 3 months, and after 3 motnhs, came back to BR, kept my relationship with no rush to be back in the states.. So, we got married in Br last year, and in april 2008, we started up a CR1 process.

Now, we are getting donne with packet 3, which is basically, the last step in US, before the process move to Br. And, after talking to so many different people in this site, we believe that, we have all of the background needed to get approved:

- 5 years relationship, dream wedding, both of us have career, high education, income

But, above all, what really matters is the letter I have from the school that screw up my Visa Status admiting that wasn´t my fault overstaying in CA for 3 motnhs. Accrtualy, we suit the school in 2005, and couple of months ago, they purpose a settlement agreement , which was really beneficial to me.

So, I keep wonder HOW MUCH MORE WE NEED TO PROVE OUR TRUTH AND GOOD FAITH....

Good Luck, think about my case, and take care.

Aryadne

[patita 0]

same problem here... I had J-1 visa..expired in May 2008...I sent a letter to extend for 3 months..in July I got married... We didnt send petition for me.. in August I got denial saying that I have to leave by the end of August..I left in October - I forgot to give them back my I=94 ..what now?

Im going to apply for CR1 but I dont know where to start!

I overstayed my visa..am I gonna have problem cuz of it?

thank you so much,

p.

[Billy&Fabiana 0]

Over stay will really depend on length of over stay. If you give us more detail as to the time of over stay... what visa the person entered with etc? I am sure you will get more responses.

Thanks for helping , it was a 6 month tourist visa with a 5 year overstay.

[DARUMA07 25]

Over stay will really depend on length of over stay. If you give us more detail as to the time of over stay... what visa the person entered with etc? I am sure you will get more responses.

Thanks for helping , it was a 6 month tourist visa with a 5 year overstay.

You might want to confer with a Immigration Attorney...

[diadromous mermaid 36]

In your post, are you suggesting that the Brazilian spouse is still in the USA?

Just wondering if anyone with Brazilian spouse is filing CR-1 with an "overstay problem" in USA to share experience.

We feel a bit lost and after reading these forums we are concerned about the lengthly process.

Thank you in advance for sharing any similar situations.

[Billy&Fabiana 0]

My wife overstayed her 6 month USA tourist visa by 5 years (arrived in 2001). She voluntarily returned to Brazil, its been 2 years now. We married in Oct 2008 in Brazil. I live in USA and am US citizen.

[diadromous mermaid 36]

My wife overstayed her 6 month USA tourist visa by 5 years (arrived in 2001). She voluntarily returned to Brazil, its been 2 years now. We married in Oct 2008 in Brazil. I live in USA and am US citizen.

Well, simply put, she incurred a 10 year bar to admission. When you say she voluntarily returned. Was this at the request of DHS, or did she simply go home before her overstay was discovered?

[Billy&Fabiana 0]

thanks for responding. She returned to Brazil before her overstay was discovered.

[diadromous mermaid 36]

thanks for responding. She returned to Brazil before her overstay was discovered.

Then you will need to overcome the bar by filing a waiver.

[missbago 0]

thanks for responding. She returned to Brazil before her overstay was discovered.

Then you will need to overcome the bar by filing a waiver.

Wanted to know what is the waiver for this bar?