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

[Boiler 45,525]

I just wanted to ditto EMT103c's comments.

VD is a long shot, but you have to try. With a good lawyer.

[Nina and Erwin 16]

I've been thinking about this since I woke up this morning and I sincerely feel for you. Is there any way you can get proof that you tried to change the ticket, did you get anyones name?

On a VWP if you overstay you are not allowed to enter the US on a VWP again, but you can get a visa. If he does go back to Belgium and chooses to apply for a visa he is going to need to show proof of strong ties to his country etc. Btw Belgium is beautiful as you probably already know.

I hope you get a good attorney as they really have cracked down on VWP overstays. Is he close by you, can you go visit him? How is he holding up, are you able to take him things?

Now you have an alien (thats what I called my son) onboard you need to take good care of yourself, try to stay calm and eat anything ginger to help with morning sickness if you have any. Most of all get yourself a damn good lawyer and don't give up

Met with a damn good lawyer yesterday .... informed that i can not proceed with anything until we marry. Whether he is here in custody and we marry, or I take a vacation and marry him in Belgium. Then according to the attorney, i file the I130, then go through the approval process, then the NVC, then interviews, then the i212. Sigh... so maybe by 2012.. I can have my relationship back. This is my thinking... I believe in my government to a point.... But i don't believe government should be involved of matters of the heart. They have no business in that. In my opinion. I will keep you updated..

[BethandBilly 86]

Met with a damn good lawyer yesterday .... informed that i can not proceed with anything until we marry. Whether he is here in custody and we marry, or I take a vacation and marry him in Belgium. Then according to the attorney, i file the I130, then go through the approval process, then the NVC, then interviews, then the i212. Sigh... so maybe by 2012.. I can have my relationship back. This is my thinking... I believe in my government to a point.... But i don't believe government should be involved of matters of the heart. They have no business in that. In my opinion. I will keep you updated..

Hey there,

Glad you got to speak to a lawyer and glad they gave you the right advice. Here's my honest take on it. You're in a tough situation and I do not envy you at all, but if you love this guy which it sounds like you do, you should try to go to Belgium with him and marry there, may be even try to stay there at least for the first year of your marriage. If you are married longer than 2 years when you apply for the GC you should get the permanent one, as opposed the temporary one which you have to refile for after 2 years.

Something else to think about is work, you guys both work one if going to have to give up their job for the other and should you both decide to move back to the US you are going to need to show proof of intent to live in the US, ie looking for jobs, a lease on an apartment etc.

Like my husband says, it's like have the government permanently camped in your house these days, the government have a say in everything we do, personal life included, so basically we feel the same way as you.

Keep your chin up and I can but hope for the best for you. Keep in touch and let us know how you're doing

[Boiler 45,525]

As far as Belgium is concerned you should look into their Visa requirements,

Certainly the UK would require you to have the appropriate visa if you want to marry, you can not just turn up on a visitor visa and adjust like you can in the US.

Should be all on the Consulate web site.

[emt103c 10]

You can still do a k1 fiancee visa, the lawyer is giving you the short version.

What was his take on the HERE AND NOW. Can he/she help with VD?

BTW: do some research they almost always sound good when you don't have anything to compare it with.

The attorney is WRONG. . . a 212 filed solo does not have to wait until the interview if you are filing a spousal. . . if you wait, it will cost you a lot of time.

Get another opinion.

[Bobby+Umit 161]

Met with a damn good lawyer yesterday .... informed that i can not proceed with anything until we marry. Whether he is here in custody and we marry, or I take a vacation and marry him in Belgium. Then according to the attorney, i file the I130, then go through the approval process, then the NVC, then interviews, then the i212. Sigh... so maybe by 2012.. I can have my relationship back. This is my thinking... I believe in my government to a point.... But i don't believe government should be involved of matters of the heart. They have no business in that. In my opinion. I will keep you updated..

Your mistaken - they do not get involved with "matters of the heart" - they are only following the law, "feelings" have nothing to do with it. So a simple solution in dealing with the government is to follow the rules/law.

It's to late, but for future reference - if your departure is delayed because of a natural disaster (ie volcano) - you can request an extension of your I-94 - you must do this prior to going into overstay status though. (this is why I have in my tagline "protect your status" to prevent issues like this)

Your Fiance had the bad luck overstaying on the VWP - I have noticed a trend where ICE/USCIS are cracking down on people who are abusing this visa entry type. ("abusing" means overstaying, or attempting to AOS on it)

As others mentioned - VD would be something to ask for with the IJ - if he hasn't seen one yet.