K-1 Visa complications????

[Ghostrider10 0]

Hi my name is Ismael and here is my story, My parents brought me to the states in 2002 when i was 10 years old on a I-94w (tourist visa)...and we went with the intention of overstaying for a better life opportunity, as i obviously over stayed on my tourist visa my parents came back to my home country Argentina after 10 years..i also came back with them and i know that over stays under age dont count and that i basically overstayed for roughly 2 year...that puts me in the 10 year no entry bar, however my girlfriend and I have been going out for 3 and a half years and we want to get married so i can come back..to be honest i love my home country but i belong in the states thats where i grew up and consider it my home country...my girlfriend and I filed for a K-1 visa and already got NOA1 and waiting on NOA2....is there any way i could get approved since i had no say in my over stay and/or that i want to marry my US citizen girlfriend? or do i reele have no hope other than "extreeme hardship" that would be extreemly hard to prove because of me being 20 and her 19......THANK You for any info i can get on this...

[beejay 125]

I am no expert at this but there are other member here who can help. Just to clarify you have filed for a K-1 but you have a 10 year bar because of a 2 year overstay after you turned 18?

You might want to also post this question at www.immigrate2us.net

They specialize in waivers and have many members who are trying to overcome similar circumstances.

[VanessaTony 3,567]

Extreme hardship is the only way.

[Ghostrider10 0]

im sorry i missunderstood your question, yes i filed for a K-1 i did no know of any of this until i started doing a little research. thank you for your help.

Edited November 4, 2011 by Ghostrider10

[JimVaPhuong 4,863]

Hi my name is Ismael and here is my story, My parents brought me to the states in 2002 when i was 10 years old on a I-94w (tourist visa)...and we went with the intention of overstaying for a better life opportunity, as i obviously over stayed on my tourist visa my parents came back to my home country Argentina after 10 years..i also came back with them and i know that over stays under age dont count and that i basically overstayed for roughly 2 year...that puts me in the 10 year no entry bar, however my girlfriend and I have been going out for 3 and a half years and we want to get married so i can come back..to be honest i love my home country but i belong in the states thats where i grew up and consider it my home country...my girlfriend and I filed for a K-1 visa and already got NOA1 and waiting on NOA2....is there any way i could get approved since i had no say in my over stay and/or that i want to marry my US citizen girlfriend? or do i reele have no hope other than "extreeme hardship" that would be extreemly hard to prove because of me being 20 and her 19......THANK You for any info i can get on this...

You had a "say in your overstay" when you turned 18 and became an adult. That's also when you began to accrue unlawful presence.

You are inadmissible because of the 10 year ban. You can't get a visa unless you wait out the ban or get that inadmissibility waived. Extreme hardship is the ONLY basis you can use to get the inadmissibility waived. You are correct that the chances of proving extreme hardship is slim, but if you want to have any chance at all then you should tell your fiancee to hire a good immigration lawyer who specializes in I-601 waivers.

You now know why Argentina is no longer a part of the Visa Waiver Program.

[Ghostrider10 0]

I Don't...why isnt it?

[VanessaTony 3,567]

I Don't...why isnt it?

Because too many people did what your family did, overstayed/broke the rules.

[Ghostrider10 0]

"broke the rules" so u call it...i call it better future...and im sorry im not an immigration lawyer.

[VanessaTony 3,567]

"broke the rules" so u call it...i call it better future...and im sorry im not an immigration lawyer.

That's exactly why. Your family, just like many many others decided "a better future" was worth breaking the rules, and so they are no longer a VWP country. The selfishness of a few ruined it for the many.

[Ghostrider10 0]

yea thanks