over stay of Visa Waiver - finance` now in custody 7 days

[Nina and Erwin 16]

Well everyone warned me... and all have commented a lot about my situation. I can't login to my other account, waiting on Visajourney to unlock if they can. Here is my situation. My finance` came in on a visa waiver, due a divorce from my ex that was prolonged, volcano, and just not enough money to send him home. Apparently someone i know turned him in. He was a overstay / out of status for 49 days. We were to marry today!!! He's now in custody to be deported. Oh yeah did i mention that i am pregnant found out the day after he was taken. Now what? All i can do is prepare myself for the worst? Is that really what i am faced with? I assume that i can not marry him in custody. I assume that if i apply for a K-1 they are going to throw it in the trash. Am i really going to be left with raising our child together by video cam? Are you serious? I am so scared!! I don't know if i can cry no more. ( not yet anyway) Please say that someone has some advise?

[canadian_wife 1,822]

No, hopefully you are not going to have to raise your child by webcam. Yes the overstay and the deportation does complicate things but these are overcomeable. The I-212 will be completed to overcome the deportation and perhaps the I-601 (if deemed necessary). These forms exist because you are not the first person to go through this. Consult Laural Scott at scottimmigration.net - she offers free immigration chats on Wednesdays to see what your next steps are but certainly petition for him - there is no other way to get him to the US.

I am so sorry for your plight. Good luck to you

[engineer21 51]

Oh wow..I am so sorry to hear this. That is quite extreme considering the short amount of overstay.

It probably won't make you feel too much better right now, but the 49 days of overstay will not automatically incur a ban from re-entering the US in the future..

Yes, a lawyer consultation will be very important in your situation.

Best of luck to you.

[BethandBilly 86]

Please note overstaying a VWP is not the same as overstaying a visa, you need to speak to an attorney to see if anything can be done. Unfortunately it seems your guy came in on the VWP to marry and stay, you are going to have to prove that is not the case, you are going to have a tough battle. Oh and on the VWP you waive any rights to an immigration hearing, or at least that is what I have been reading.

I wish you the best of luck with your situation, congratulations on the baby btw and if things do not work out with your guy moving here, may be you can move to his country to be with him?

Please do not think I am being mean, because truly I am not, I just want to you to know you are going to have to fight for your guy to stay here now.

[Nina and Erwin 16]

Please note overstaying a VWP is not the same as overstaying a visa, you need to speak to an attorney to see if anything can be done. Unfortunately it seems your guy came in on the VWP to marry and stay, you are going to have to prove that is not the case, you are going to have a tough battle. Oh and on the VWP you waive any rights to an immigration hearing, or at least that is what I have been reading.

I wish you the best of luck with your situation, congratulations on the baby btw and if things do not work out with your guy moving here, may be you can move to his country to be with him?

Please do not think I am being mean, because truly I am not, I just want to you to know you are going to have to fight for your guy to stay here now.

No offence taken I appreciate your honesty... I wish he came over here to marry. But that was not the case at all. I had been there twice, and he came to see how my end of the world was. We had a good time on vacation in New York, and we came to my home town of Good ol'e auto city. He did miss his flight due to we had to get back to JFK verse from Detroit. When he tired to rebook... the lovely volcano hit. No more round trip ticket rebook. All gone. So we had a serious talk... We just knew that neither one of us wanted him to leave. So we sought out legal advise. Of course we were told that we would be taking a risk ( now we see why)But who knew that on the weekend we were going to be independent... lol all i can do is shake my head and cry. We were supposed to be MARRIED TODAY!! ( sigh) It is what it is... The marriage talk came way after the JUST enjoying each other evolved. Thank you for taking the time.. to read my story and respond. I just need to try to keep him from getting on the plane now. I hope you understand.. our time is ticking. Thanks again.

[Nina and Erwin 16]

No, hopefully you are not going to have to raise your child by webcam. Yes the overstay and the deportation does complicate things but these are overcomeable. The I-212 will be completed to overcome the deportation and perhaps the I-601 (if deemed necessary). These forms exist because you are not the first person to go through this. Consult Laural Scott at scottimmigration.net - she offers free immigration chats on Wednesdays to see what your next steps are but certainly petition for him - there is no other way to get him to the US.

I am so sorry for your plight. Good luck to you

Thank you for your kind words.. We need all the luck we can get. A little bit of hope thrown in couldn't hurt. Do i file these forms? Or should or need to hire an attorney? Due to there is no timeline set for WHEN they are going to put him on a plane. Some have been there a couple of months waiting which i hope for ( sort of for our sake). But i wouldn't wish custody on anyone. Some get shipped very week. He seems to think that he might be there a while since other from his part of the world have been waiting for a while. Thank you again for your time, and caring enough to respond. All I can do is reach out to the world.. and see if anyone has been in my shoes, and see if anyone has a start to the answer.

[Boiler 45,525]

The Airlines would have honoured the ticket for a later date, and there was allowance for those waiting for a flight who overstayed their VWP.

But that was a looong time ago.

Sounds like VD would be the best option, if available.

[Nina and Erwin 16]

Well everyone warned me... and all have commented a lot about my situation. I can't login to my other account, waiting on Visajourney to unlock if they can. Here is my situation. My finance` came in on a visa waiver, due a divorce from my ex that was prolonged, volcano, and just not enough money to send him home. Apparently someone i know turned him in. He was a overstay / out of status for 49 days. We were to marry today!!! He's now in custody to be deported. Oh yeah did i mention that i am pregnant found out the day after he was taken. Now what? All i can do is prepare myself for the worst? Is that really what i am faced with? I assume that i can not marry him in custody. I assume that if i apply for a K-1 they are going to throw it in the trash. Am i really going to be left with raising our child together by video cam? Are you serious? I am so scared!! I don't know if i can cry no more. ( not yet anyway) Please say that someone has some advise?

How do i proceed with this?

(5) If you are in the United States and are applying for adjustment of status under Section 245 of the INA, or are seeking advance permission to reapply prior to your departure from the U.S., submit the application to the Local Office having jurisdiction over the place where you reside.

[Darnell 8,478]

can you please 'quote' where you read 'this' ?

Thanks !

For this type of situation, USUALLY, engaging with an immigration attorney is your best bet, as this is a 'Do It Yourself' Immigration Web Portal.

Someone in Deportation Hearing really needs more than a DIY stance, IMO - but there are many things you can read here.

Use the search engine here, search on 'deportation' - show posts - there are good nuggets in there that might help you understand what's going on, a bit.

Edited July 7, 2010 by Darnell

[Maxximus1074 14]

Wow...that is a tough situation here. I wish I new at least a bit of advice on where to look for more details on your options.

But alas have no experience in this matter and all I can do is tell you that I am in shock and very sorry to hear what's going on

and hope you will find a lawyer tomorrow who can give you some free advice already. In my community there are non profit organizations

like Catholic Charities that have immigration lawyer staff/deportation defense clinics. Hope you find something like that in order to halt

the process right here. Best of luck!!!

[Kathryn41 3,205]

Duplicate thread moved from K-1 visa forum as this is not a K-1 visa concern (even though it is a fiance) and merged with existing thread in this forum and duplicate post removed.

Edited July 7, 2010 by Kathryn41

[Kevin&Jessica 3]

Well everyone warned me... and all have commented a lot about my situation. I can't login to my other account, waiting on Visajourney to unlock if they can. Here is my situation. My finance` came in on a visa waiver, due a divorce from my ex that was prolonged, volcano, and just not enough money to send him home. Apparently someone i know turned him in. He was a overstay / out of status for 49 days. We were to marry today!!! He's now in custody to be deported. Oh yeah did i mention that i am pregnant found out the day after he was taken. Now what? All i can do is prepare myself for the worst? Is that really what i am faced with? I assume that i can not marry him in custody. I assume that if i apply for a K-1 they are going to throw it in the trash. Am i really going to be left with raising our child together by video cam? Are you serious? I am so scared!! I don't know if i can cry no more. ( not yet anyway) Please say that someone has some advise?

wow i feel very much for u i myself was an overstay arrived in april of 04 didnt get documented till april 09 and finally just got my conditional 2yr greencard .. only advise i can say is hire a lawyer my lawyer thomas gilbert helped me and my wife get threw my case with very little issue i am sure he could help you. i hope you get this sorted soon

[Nina and Erwin 16]

Duplicate thread moved from K-1 visa forum as this is not a K-1 visa concern (even though it is a fiance) and merged with existing thread in this forum and duplicate post removed.

Why did you move my post from the k-1 section? I understand that it doesn't completely pertain to k-1... But now filing a k-1 is the only option ... maybe that i have to get him back if he deports. I placed it in k-1 due to there is more people, more advise... Please put it back. all the support , opinions, and advise... there is always a possibility.. the more options you have open. Sometimes it just takes that one person to have the answer.

[Nina and Erwin 16]

wow i feel very much for u i myself was an overstay arrived in april of 04 didnt get documented till april 09 and finally just got my conditional 2yr greencard .. only advise i can say is hire a lawyer my lawyer thomas gilbert helped me and my wife get threw my case with very little issue i am sure he could help you. i hope you get this sorted soon

Thank you.... so much. Anything and everything is worth a try. I just am trying to keep him on US soil.. I just am worried if he is out...of the country, that they wont let him back. I will give him a call... hopefully he is around Michigan. Thanks again.

[Kathryn41 3,205]

Your question does not pertain to a K-1 visa process. Topics are posted in the forums that are relevant to the information being requested - and not posted in multiple forums. Since your question is what to do about your fiancee who overstayed a visa waiver programme and is now in the process of being deported, it does not relate to an aspect of the K-1 visa which is how do I get my fiance who is outside of the US into the US so we can get married. With the circumstances as you described, in order for him to be allowed back into the US, he will require some sort of waiver from the deportation as he is now considered ineligible for entry to the US. Even if you applied for a K-1 visa, it would be denied and you would be required to file some sort of hardship waiver. This is the forum about waivers.

The purpose of VJ is to provide you with the most accurate information for your circumstances and that is best done when a post is filed in the appropriate forum. Other knowledgeable VJers recognized that your post was in the incorrect forum and reported it to us, which is why we noticed it and moved it to the correct forum. I am sorry you disagree, but you will get the best responses here. Quality is more important than quantity.

If and when you start a K-1 process, you will be able to post about it in the K-1 forum. When the K-1 is denied, once again you will be posting in the Waivers forum. If you married and petitioned for him to return to the US on a CR-1, you would also be denied because of the deportation and once again, require a waiver. You will find out what lies ahead of you in the forum better than in others.

Edited July 7, 2010 by Kathryn41