K-1 Visa OVERSTAY more than 1 yr

[Boiler 45,584]

My guess is that they were talking about Cancellation of Removal, theoretically possible, but not easy at all.

[mshopeful 1]

My girlfriend came to the USA via the Philippines on a K-1 visa. She never got married to the petitioner and never left the states for 3 years now. We have been currently living together for one year now and want to get married and have a family. My question is, if she goes back to the Philippines voluntarily without being notified of deportation will she be barred from obtaining a new visa if I file for a K-1 or get married 1st and file for a CR-1. She has obtained a renewed passport that does not have her entry date stamped on it. Any input is greatly appreciated..

Many Thanks

If you really love her there's nothing you can not do for love, marry her. File for her petition, most likely they will approve it. But she needs to go back to the Phil for the visa (there's no way she can adjust her status in the US) but because she overstayed for 3 years they will deny her a visa but will be eligible to apply for a waiver. The I-601 Waiver is not easy to prepare, you need to prove extreme hardships that you the US citizen will incurr if you and your wife is separated. You may need the help of a reliable immigration attorney, this is a long, expensive and hard process but it's not impossible. Why I know all of these, I've been exactly in the same boat and i'm now here in the US with my ever loving husband. Good luck to you both.

[Used to be broken 147]

I think if you plan a long term relationship which we assume to be true if you plan to marry, then it is advisable to marry anywhere but the US. If she leaves and you marry outside this country it takes much of the "heat" of the perception of fraud off of her and consequently you.

You then have to deal with the bar, it will take at least a year maybe more to process your case because if the heightened scrutiny and her overstay. If she worked here it will be a negative as well. Be sure to carefully document your relationship for "evidence" that will go in the waiver packet you will have to submit.

The standard for the waiver is "extreme hardship to US Citizen or LPR Spouse or parent. Might want to look into the parent angle if one of her US Citizen or LPR parents is old and needs daily assistance, or is extremely old or ill, it could be a hardship that is approved. You have to take a realistic look at your overall situation and ask, "is something in my life or my spouses's life a significant burden? Are your finances a wreck? Are you in the middle of career training, or in some special job category that benefits the United States? Seek a lawyer and get to be familiar with what hardship approvals are most commonly approved at your wives countries Embassy, or NOT approved to assess realistically what you are dealing with.

Its not easy and its life changing as one poster has said, bottom line its not picnic, its expensive and lengthy and so not-romantic. If your relationship is not rock solid, don't enter this process on a ####### shoot, its way too emotionally taxing for that.

I don't know much about voluntarily entering into proceedings while you are in the US, however it carries risk that should be carefully weighed. In these cases it is not uncommon for the interview appointment day to be the day they detain and prepare to deport your loved one. Be fully prepared and take an attorney with you to any appointment with USCIS or any other department of homeland security or embassy entity. Expensive but they can arrange a voluntary depart on the spot vs having someone in the slammer who is being shifted to a half dozen detention centers across the country. If you think getting an answer out of USCIS is tough try getting one out of ICE.

Be careful, do not make any decisions on this matter without talking to an Immigration Attorney, and you don't need a "good immigration attorney, you need a BRILLIANT Immigration Attorney.

Good Luck