What are my chances.

[nowens 0]

I recently returned from the states after over staying my visa. I went over to the US to visit my GF and we decided to marry. USCIS said we could etc. We were in a car accident which wasnt our fault. My wife lost her job cause of the injuries. We had saved money for my paper work i have had my medical and passed that, but we had bills etc to pay and we had to use my paperwork fund. In the end she couldnt afford to support myself my step daughter and herself and i couldnt work so i made what i thought was the honest tough decision which was to come home to ireland to work. Since i have been home she got a new job which pays really good and her parents have said we could move in with them while we get my paperwork sorted. My question is this if she books me a ticket and i go to shannon to fly out, what are my chances of getting past immigration. I did everything honestly and i never tried to cheat the system. can anyone tell me what my chances might of getting through. thanks

Edited March 14, 2006 by nowens

[Kez/JWolf 6]

Sorry to hear thing did not work out right for you first time round.... You will have to file for K3 visa to be able to come back and do AOS..

I hope things work out well for you and you are not apart for too long...

Kezzie

[MaryandMian 1]

I agree with Kezzie you will have to file for the K3 and then AOS once in the states. Sorry to hear that your had some problems and wishing you all the best for a speedy journey.

Mary

[ChristinaM 0]

Your chances of getting in on the VWP are virtually zilch, because overstaying previously makes you ineligible to use the VWP again. You might get EXTREMELY lucky and get through POE, but IMO it's not even worth it because it's illegal. You also are not allowed to enter as a tourist with intent to AOS during that entry. That's visa fraud.

Your chances of getting a B2 with a wife in the states and immigrant intent are also negligible; I think you would really struggle to get one. But that's a moot point, since you wish to remain there and a tourist visa isn't what you either want or need.

K3 is your only option from here. Was your overstay greater than 180 days? If it was, then you will likely have to file a waiver because you will have incurred a 3-year ban due to overstay. You will want to have that prepared before your K3 interview.

On the bright side, your medical may still be valid and you may not have to have another one.

I'm sorry that we can't give you the answer that you would like. Good luck on getting the the US and your wife.

[meauxna 15]

It's deja-vu all over again.....

http://www.visajourney.com/forums/index.ph...wtopic=4085&hl=

[indreams 0]

I'm sorry you had to return to Ireland to work. As everyone else said in another thread, start researching & working on a K3/CR-1 Visa immediately & work as much as possible to save up all the money you can. You'll probably need a joint sponsor if you're having financial trouble. There is really no other legal option here - if there was, none of us would be going through the process.