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Filed: Other Timeline
Posted

I lost my europe based job while I was on a 8 week sabbatical here in the USA. At the time my partner (US citizen) said just stay and we will get married very soon. This was 18 months ago and we are still not married, mainly due to finances relating to his divorce. Time is flying past, I'm an overstay now, and we are planning on getting married by Christmas I hope. I was on a work visa 2 years ago so I have a SSN and a drivers license and I've just melted into everyday life here in our community. No one has questioned me about anything. But still at the back of my mind I'm terrified as I've got no status til we get married and my partners ex wife is making his life very difficult financially which is why he's not very enthusiastic about rushing into marriage again. He says he wants to marry me but yet weeks go by, months go by, and I'm still here very much in love with him and very scared about my situation.

Has anyone else waited a while to marry, then had a substantial overstay in the vwp, and then adjusted with no problems?

My intent when I entered the USA was simply a 2 month sabbatical from my job, I was expecting to go back. It was a huge shock to be laid off. So I had no intent to marry/stay until he suggested it. But it's just not happened yet, the marriage, and now I'm in a lot of trouble I feel like. ?

Filed: IR-1/CR-1 Visa Country: Fiji
Timeline
Posted

I lost my europe based job while I was on a 8 week sabbatical here in the USA. At the time my partner (US citizen) said just stay and we will get married very soon. This was 18 months ago and we are still not married, mainly due to finances relating to his divorce. Time is flying past, I'm an overstay now, and we are planning on getting married by Christmas I hope. I was on a work visa 2 years ago so I have a SSN and a drivers license and I've just melted into everyday life here in our community. No one has questioned me about anything. But still at the back of my mind I'm terrified as I've got no status til we get married and my partners ex wife is making his life very difficult financially which is why he's not very enthusiastic about rushing into marriage again. He says he wants to marry me but yet weeks go by, months go by, and I'm still here very much in love with him and very scared about my situation.

Has anyone else waited a while to marry, then had a substantial overstay in the vwp, and then adjusted with no problems?

My intent when I entered the USA was simply a 2 month sabbatical from my job, I was expecting to go back. It was a huge shock to be laid off. So I had no intent to marry/stay until he suggested it. But it's just not happened yet, the marriage, and now I'm in a lot of trouble I feel like. ?

you are in a tough spot and sorry to hear about your situation

if you fiancée really does love you, then why is he/she unaware of the precarious situation they have placed you in by requesting you to stay and now subjecting you to fears of deportation and bans for the past 14 months?

you might want to tell your fiancé that you are going to leave due to your unlawful presence and the potential ill effects of it. you will then get a very clear answer as to who should not be rushing into marriage.

it is not that much money, and if they can not afford the filing, hth are they going to afford to sponsor ???


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

Filed: Other Timeline
Posted

Thanks for your reply. He knows I'm in a precarious situation but his ex has been fighting for more money since he got a promotion so he's been in and out if court to settle alimony and child support. It's finally sorted and he's left with more than enough to sponsor me. But he's also left with a bad taste in his mouth and he's afraid if things go wrong with us he'll be bankrupted. I've been reassuring him if things do go wrong, my concerns will not be about how much money I can get from him, I'll be on the first plane home instead. He's wary (and I do understand why) but I've now told him he has a short period of time to decide or I'm on the next flight home anyway as I know I'm living on borrowed time here. We are so in love and so happy, and time just flies, yet it's so scary having no status.

I'm hoping he will decide by Halloween as that's my deadline. I will have waited plenty long enough and given him enough of my life to play with while he makes up his mind.

I just need to know that if we do go ahead and marry, my overstay won't cause any issues? I'm scared that after all this stress and time, I'll get married to him only to be told I can't stay by an immigration officer.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

What happened to you accommodation, possessions left behind in the UK? Do you have a place to return too? I would be worried about having such a long period of unemployment on my cv.

I think he has been selfish asking to remain while he goes through his divorce. Be strong, go back to the UK and wait for him to sort himself out.

Filed: IR-1/CR-1 Visa Country: Fiji
Timeline
Posted

I still have everything there. A friend moved in which was planned when I left for 8 weeks.

If I leave now, I get a 10 year ban I think. So it's not an easy decision.

so cold feet due to a problem marriage? I had a problem divorce as well, but cold feet over someone I love? never

hold that person's feet to the fire !!! you are the one in a bind not them!


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

Posted

Overstay is forgiven for spouses of US citizens, so don't worry about that. Just don't get picked up by immigration officers in the meantime - which is not a very likely scenario, anyway.

As you mentioned, do NOT leave the US until this is sorted, or you face a ban.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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