tourist marries an American - overstays visa ....

[keg21 0]

Hi

I am writing for an Italian friend of mine who has asked me to find some information for her.

This forum has a boatload of information!

Here's the deal:

BACKGROUND

Maria (not her real name) is Italian

Roberto (not his real name) - is American with roots in Italy (his whole family is from there but he was born and raised in the US)

Maria and Roberto have know eachother since they were little (Roberto used to come to Italy in the summer to visit his relatives)

--- fast forward 20 odd years down the road

Maria and Roberto hook up via Facebook - fall madly in love - and Maria decides to go visit Roberto in Miami.

Maria gets to Miami and everything is hunky dory - love - sun- soulmates and all that jazz so they decide to get married.

Roberto tells Maria "no problemo" - we get married and you can stay here with me forever because I love you and can't live without you and all that romantic stuff (Maria is not getting married to stay in the US -- she is actually hoping that Roberto will come with her to Italy - Maria does not speak English - and doesn't think that the US is all that)

So they get married and Roberto blabbers on about how it will be so easy etc. etc. and in the meanwhile loses his job - has no money - and things start to get a little hairy.

So they do nothing to make the situation right (get the correct papers for her to stay etc.)

Maria decides to go back to Italy because she gets called for a great job and she is pretty much fed up with being hungry and living in not the greatest of conditions (too be nice)

1: Maria overstayed her tourist visa by 1 month (understand that she did not go to the US with an intention to get married --- I think that idea came along after a bottle of champagne or great sex or I dunno)

2: Maria hates her great job in Italy , misses her husband dearly and is thinking that she wants to give the relationship another chance (I think she is crazy, but who am I too judge)

3: Maria has decided that she really loves Roberto and wants to go back to him ---- but she is not really ready to commit (as in pack everything up in Italy and move to the US forever)

4: Maria asked me to help her out since I am a friend and speak English.

Her idea is to try and get a tourist visa for 3 months (however she overstayed her first "visa" --- I think just the basic ESTA thing --- by one month so it may be difficult for her to get one.

I am looking for advice on what the best solution could be:

-- try and get a tourist visa for 3 months (can she do that if she is married to an American)?

-- apply for another type of visa?

--- tell Roberto to step up to the plate and start the process for bringing a spouse over?

What she wants is to go back to the US for a few months - check out the situation (will the realtionship really work? do I want to live in the US?)

and then decide to either stay or go.

Any feedback or personal experience (I am sure she is not the first or the last to be in this sort of situation) would be appreciated

Thanks

Kel - real name

[foofurrah 4]

Italy is part of the visa waiver program for visits of 90 or fewer days, but your friend does need ESTA approval to enter the United States, which can be completed online. It's possible that this will be denied since your friend previously overstayed, but it's probably worth trying first, and then taking steps later if it doesn't work out (for example, you can then apply for a tourist visa). Perhaps someone with experience with an overstayed visa from an EU country can provide more information.

Here's an info sheet in Italian: http://www.cbp.gov/linkhandler/cgov/travel/id_visa/esta/esta_2010_fact_sheets/esta_2010_italian.ctt/esta_2010_italian.pdf

[keg21 0]

Thanks for the info Foofurrah

- so let's say we try the ESTA route and by chance it gets approved.

This means she will have the "right" to leave Italy but when she gets to the States and comes across an immigration officer having a bad day, said immigration officer may say "no way jose- you overstayed last time so we ain't lettin' you in", correct?

- what about the fact that she is already married to this US citizen? I would think that this makes her case even worse (as it will up the suspesion of the immigration officer's "this person is trying to get in so she can stay forever" radar.)

- she does have an unlimited term contract here in Italy, so maybe she should get it translated into English and bring it with her to "prove" that she has a job in Italy and that she is just on vacation -- or maybe this means absolutely nothing to immigration because she can always quit her job.

I can honestly say that my friend doesn't want to try and slip through the system. She just wants to go back to Miami for a month and see if the relationship is worth it or not.

[Laure&Colin 558]

Thanks for the info Foofurrah

- so let's say we try the ESTA route and by chance it gets approved.

This means she will have the "right" to leave Italy but when she gets to the States and comes across an immigration officer having a bad day, said immigration officer may say "no way jose- you overstayed last time so we ain't lettin' you in", correct?

- what about the fact that she is already married to this US citizen? I would think that this makes her case even worse (as it will up the suspesion of the immigration officer's "this person is trying to get in so she can stay forever" radar.)

- she does have an unlimited term contract here in Italy, so maybe she should get it translated into English and bring it with her to "prove" that she has a job in Italy and that she is just on vacation -- or maybe this means absolutely nothing to immigration because she can always quit her job.

I can honestly say that my friend doesn't want to try and slip through the system. She just wants to go back to Miami for a month and see if the relationship is worth it or not.

If she overstayed last time, I don't think she can be allowed to enter on the VWP again, but it's worth checking.

You know ESTA is valid for a long time (2 years I think?), so she probably wouldn't apply again before leaving, but the denial would happen at the border.

I also don't believe she will be granted a tourist visa with a previous overstay, a spouse in the US, and maybe the intention to stay if she thinks the marriage might work after all. That's just not gonna happen.

The only safe and legal thing to do is go for a CR1 visa, but it's gonna take time. And it's also a pretty "final" decision, as that would give her a permanent resident status in the US.

Edited February 25, 2012 by Laure&Colin

[Ryan H 3,812]

--- tell Roberto to step up to the plate and start the process for bringing a spouse over?

This is the only solution for this scenario:

What she wants is to go back to the US for a few months - check out the situation (will the realtionship really work? do I want to live in the US?)

and then decide to either stay or go.

Since she overstayed, she is unlikely to be granted an ESTA. If she tries to apply for a tourist visa, she will likely not be able to overcome the intending immigrant presumption and be denied a tourist visa. Most importantly, the purpose of the VWP or a tourist visa is to visit, not to "check out the situation" or "see if I want to live in the US permanently."

If the situation were to not work out after your friend obtains a green card after entering on a spousal visa, your friend can surrender her green card and return home.

[Penguin_ie 5,993]

***** Moving from CR-1 visa forum to General Immigration as OP's friend has not decided on visa type yet ****

Between the overstay and the being married to an American, her getting to use the VWP or even getting a B2 tourist visa anytime soon is unlikely. On the otherhand, as the overstay was only 1 months, it should not provide a major stumbling block to a CR-1 spousal visa.

Edited February 25, 2012 by Penguin_ie

[keg21 0]

Thanks Penguin for moving my question to the correct section

And thank you all for your advice.

very helpful "If she tries to apply for a tourist visa, she will likely not be able to overcome the intending immigrant presumption and be denied a tourist visa. Most importantly, the purpose of the VWP or a tourist visa is to visit, not to "check out the situation" or "see if I want to live in the US permanently."

also very helpful "I also don't believe she will be granted a tourist visa with a previous overstay, a spouse in the US, and maybe the intention to stay if she thinks the marriage might work after all. That's just not gonna happen.

The only safe and legal thing to do is go for a CR1 visa, but it's gonna take time. And it's also a pretty "final" decision, as that would give her a permanent resident status in the US."

These two have seriously no clue about what they are getting themselves into.

Which I guess is due to the "Italian" way of doing things -- which is usually just do it and then worm your way around to make it right

I say this not to diss Italians but just from personal experience where "just doing it and worming your way around to make it right" is usually A LOT easier than trying to do things by the book.

So from all this information it sounds like the best thing to do is to go for the CR1 visa.

Thanks again for all of your help (it really makes me helping her a lot easier)

[Penguin_ie 5,993]

What about the other way around, him moving to Italy? Especially if he is still unemployed, that may be a better option.

[keg21 0]

What about the other way around, him moving to Italy? Especially if he is still unemployed, that may be a better option.

I think after living in Miami for 5 billion or so years this guy would have a heart attack just to hear "why don't we move to Italy amore"

[Penguin_ie 5,993]

I think after living in Miami for 5 billion or so years this guy would have a heart attack just to hear "why don't we move to Italy amore"

LOl, yes I can understand that. My now-husband had a similar reaction when I suggested him moving to Ireland to marry me. We ended up doing that though, because I had a good career job and he was unemployed, immigration to Ireland is easier and quicker than to the USA, and we wanted kids and Ireland has 26 weeks paid maternity leave. Then a few years later we moved back to husband's home state, Arkansas.

[Sc0tt28 26]

Hi

I am writing for an Italian friend of mine who has asked me to find some information for her.

This forum has a boatload of information!

Here's the deal:

BACKGROUND

Maria (not her real name) is Italian

Roberto (not his real name) - is American with roots in Italy (his whole family is from there but he was born and raised in the US)

Maria and Roberto have know eachother since they were little (Roberto used to come to Italy in the summer to visit his relatives)

--- fast forward 20 odd years down the road

Maria and Roberto hook up via Facebook - fall madly in love - and Maria decides to go visit Roberto in Miami.

Maria gets to Miami and everything is hunky dory - love - sun- soulmates and all that jazz so they decide to get married.

Roberto tells Maria "no problemo" - we get married and you can stay here with me forever because I love you and can't live without you and all that romantic stuff (Maria is not getting married to stay in the US -- she is actually hoping that Roberto will come with her to Italy - Maria does not speak English - and doesn't think that the US is all that)

So they get married and Roberto blabbers on about how it will be so easy etc. etc. and in the meanwhile loses his job - has no money - and things start to get a little hairy.

So they do nothing to make the situation right (get the correct papers for her to stay etc.)

Maria decides to go back to Italy because she gets called for a great job and she is pretty much fed up with being hungry and living in not the greatest of conditions (too be nice)

1: Maria overstayed her tourist visa by 1 month (understand that she did not go to the US with an intention to get married --- I think that idea came along after a bottle of champagne or great sex or I dunno)

2: Maria hates her great job in Italy , misses her husband dearly and is thinking that she wants to give the relationship another chance (I think she is crazy, but who am I too judge)

3: Maria has decided that she really loves Roberto and wants to go back to him ---- but she is not really ready to commit (as in pack everything up in Italy and move to the US forever)

4: Maria asked me to help her out since I am a friend and speak English.

Her idea is to try and get a tourist visa for 3 months (however she overstayed her first "visa" --- I think just the basic ESTA thing --- by one month so it may be difficult for her to get one.

I am looking for advice on what the best solution could be:

-- try and get a tourist visa for 3 months (can she do that if she is married to an American)?

-- apply for another type of visa?

--- tell Roberto to step up to the plate and start the process for bringing a spouse over?

What she wants is to go back to the US for a few months - check out the situation (will the realtionship really work? do I want to live in the US?)

and then decide to either stay or go.

Any feedback or personal experience (I am sure she is not the first or the last to be in this sort of situation) would be appreciated

Thanks

Kel - real name

I think the first thing you should do is learn how to use the word "too"...just sayin'

[keg21 0]

I think the first thing you should do is learn how to use the word "too"...just sayin'

mea culpa

Too many things going on at the same time while typing.

[keg21 0]

Once again I just want to say thanks for all of your help.

My friend has decided to try and get a "tourist" visa.

I guess it's worth a shot (a long one at that but... you never know!)