Overstay for my wedding or leave and come back?

[Cocomessan 0]

29 minutes ago, Cadence said:

No one said you're lying. What I said was that you didn't initially give a full time line of events, so it would have been very easy to assume things many things about your relationships. 

 

The fact that you had a child with another man while still married to your ex-husband is concerning. I assume that after meeting your fiance in august 2016, you were officially dating him? All while still legally married to the USC? It matters very little that you both mutually agreed that seeing other people was OK because one could argue, "well why the heck didn't you divorce then?" The fact that you chose not to divorce doesn't excuse you from it, does that make sense? And then you started divorce proceedings after being with your fiance a relatively short time when before you were seemingly fine with not getting a divorce to the man you no longer loved (one could even argue, no longer loved enough to go have a child with a completely different man) for many years. 

 

See where I'm going with this? You can profess to how much you love your fiance and how real your relationship is - I have no reason to doubt it and it does not matter much to me whether or not I believe it. But you have to be able to see that someone else with a less noble intentions than you in your shoes could very well be faking a relationship/love and trick a USC into marrying them for immigration benefits. Does that make sense? USCIS is not going to assume you are a noble human being who would never abuse or mislead someone with marriage. The burden is on you to prove that you are not one of those people. 

Yes dear, I understand and thank you zillion for taking the time to answer.

I definitely understand where you going with that and that's what me myself am afraid of. To someone (uscis) who might not believe me anyway, this story may raise 1000 red flags.

 

Would it help if I authorised them to question my former husband? (Our marriage has been over real quick, we tried to make it work and abandon real quick, he knows about my child, my current man and I know about his life aswell. We were on different continents and in good terms and didn't see the rush.) 

Would it matter if I explain all of that to the USCIS??

 

My actual fiance and I we in our 30's, we feel like we seen it all and done it all. Now we just want to settle and build something together.

We recently found out that I was pregnant 2 weeks ago, because I have to leave the country after 90days and thinking about money wise and the hardship of being alone during the pregnancy, we decided we couldn't keep the baby and took a decision right away. And right away after, I regretted so bad that it's traumatising.  We started talking about the whole thing and decided we couldn't be separated, especially now that I need him the most. 

 

I could prove all of this to the USCIS, but would they wanna hear it? Would they want to sit down and hear all of this? 

I have never been an immigrant in my life, I love my freedom, I love travelling. I don't want to risk all of that. And I especially don't want to risk than man that I finally found to be the one God sent me. 

Edited January 29, 2017 by Cocomessan
Put wrong info by mistake.

[Cocomessan 0]

1 minute ago, Cocomessan said:

Yes dear, I understand and thank you zillion for taking the time to answer.

I definitely understand where you going with that and that's what me myself am afraid of. To someone (uscis) who might not believe me anyway, this story may raise 1000 red flags.

 

Would it help if I authorised them to question my former husband? (Our marriage has been over real quick, we tried to make it work and abandon real quick, he knows about my child, my current man and I know about his life aswell. We were on different continents and in good terms and didn't see the rush.) 

Would it matter if I explain all of that to the USCIS??

 

My former fiance and I we in our 30's, we feel like we seen it all and done it all. Now we just want to settle and build something together.

We recently found out that I was pregnant 2 weeks ago, because I have to leave the country after 90days and thinking about money wise and the hardship of being alone during the pregnancy, we decided we couldn't keep the baby and took a decision right away. And right away after, I regretted so bad that it's traumatising.  We started talking about the whole thing and decided we couldn't be separated, especially now that I need him the most. 

 

I couldn't prove all of this to the USCIS, but would they wanna hear it? Would they want to sit down and hear all of this? 

I have never been an immigrant in my life, I love my freedom, I love travelling. I don't want to risk all of that. And I especially don't want to risk than man that I finally found to be the one God sent me. 

 

[Cadence 20]

I'm not 100% sure what you'll need to show to prove it either, to be honest with you. All that you can gather of bona fide between you and your current fiance is a given of course, no matter how small or ridiculous. Every single documentation you have with both your names on it, grab. Since you're here on a VWP, you might not have planned to be on a lease. Get on that ASAP. Health insurance, car insurance, bills. No, you don't have to show them your explicit pictures, you can exclude those. Affidavits from friends? Family? Pictures with his family members from holidays? Trips together?  You don't have to authorize them to interview your former husband, but an affidavit from him perhaps explaining the relationship between you two might be helpful? You could do everything right and submit every possible evidence you can and still not be able to convince the officer. 

 

I'm not a lawyer, so take my suggestions with a grain of salt. It might actually turn out to be helpful or not helpful. It's all in the hands of whoever receives your case. 

Edited January 29, 2017 by Cadence

[Usagi_tsukino 89]

Hi! It's complicated, but i'll share my thoughts.

1) I overstayed my visa, then got married, and what's going on right now scares me. But i have no way back. He banned 7 countries now, but who knows what can happen after? Who knows he won't add more counties? We can never be sure, just as we cannot be sure if some changes to AOS/the way overstay is treated are coming.

2) My husband (USC) was married to another immigrant before and their divorce was finalized a few months before our wedding. Both marriages are real, but my aos is pending for 2 years, and even more - the problem is not me, but his petition (i-130). I do not know if they think that our marriage is not real because he got divorced just before we got married? There is nothing else we can think of, we also thought we have nothing to worry about, but.... either way, no way back here either, and same for you.

 

If i were in your situation... i think i would stay... because at least you are in US already, and if you leave who knows when/if you can come back? Yes I'm saying "if" because who knows what they think? Most likely you'll be ok. But again, i never thought our case will take this long but they actually promised us a notice of intend to deny (real marriage! we do have tons of proof too, reason is unknown yet), no crimes committed or anything else, close in age, etc., besides the fact that his divorce was finalized shortly before. I guess you never know what uscis thinks.

 

So basically, you can't change your divorce time either way. We might as well leave this out. And both staying and leaving are risky at the moment. If you feel like staying, just go for it, i guess.

Edited January 29, 2017 by banana_princess

[Cocomessan 0]

2 minutes ago, Cadence said:

I'm not 100% sure what you'll need to show to prove it either, to be honest with you. All that you can gather of bona fide between you and your current fiance is a given of course, no matter how small or ridiculous. Every single documentation you have with both your names on it, grab. No, you don't have to show them your explicit pictures, you can exclude those. Affidavits from friends? Family? Pictures with his family members from holidays? Trips together? You don't have to authorize them to interview your former husband, but an affidavit from him perhaps explaining the relationship between you two might be helpful? You could do everything right and submit every possible evidence you can and still not be able to convince the officer.

 

I'm not a lawyer, so take my suggestions with a grain of salt. It might actually turn out to be helpful or not helpful. It's all in the hands of whoever receives your case. 

Well you response is helpful trust me and I thank you for that. You opened my eyes on things that I was taking for granted or didn't even think about. Yes, we gathering receipts from everything from now on. Have our travelling pics together. I have family in another state we want to visit. Receipt from the clinic is also available.  Others I have to look back for. Proving the relationship is bona-fide wouldnt be a problem at all.

 

I wonder if I should wait several week into my overstay to get married not to raise doubt on INTENT. I don't know. Anyway thank you so much for your help.

[Cadence 20]

When you choose to file and get married don't matter, don't worry about that part.

[Cocomessan 0]

7 minutes ago, banana_princess said:

Hi! It's complicated, but i'll share my thoughts.

1) I overstayed my visa, then got married, and what's going on right now scares me. But i have no way back. He banned 7 countries now, but who knows what can happen after? Who knows he won't add more counties? We can never be sure, just as we cannot be sure if some changes to AOS/the way overstay is treated are coming.

2) My husband (USC) was married to another immigrant before and their divorce was finalized a few months before our wedding. Both marriages are real, but my aos is pending for 2 years, and even more - the problem is not me, but his petition (i-130). I do not know if they think that our marriage is not real because he got divorced just before we got married? There is nothing else we can think of, we also thought we have nothing to worry about, but.... either way, no way back here either, and same for you.

 

If i were in your situation... i think i would stay... because at least you are in US already, and if you leave who knows when/if you can come back? Yes I'm saying "if" because who knows what they think? Most likely you'll be ok. But again, i never thought our case will take this long but they actually promised us a notice of intend to deny (real marriage! we do have tons of proof too, reason is unknown yet), no crimes committed or anything else, close in age, etc., besides the fact that his divorce was finalized shortly before. I guess you never know what uscis thinks.

 

So basically, you can't change your divorce time either way. We might as well leave this out. And both staying and leaving are risky at the moment. If you feel like staying, just go for it, i guess.

Wow wow wow!! Lord!! Thank you for this, definitely makes me think.

 

Would you advise to overstay, wait to get married? Which, I know is still dangerous?

 

2 years is too long. I don't want no lengthy procedures cause I need to go back see my son. I'm willing to wait few months but definitely not years. Not only do I wanna visit my son, I'd like him with me at some point... wow

[Cocomessan 0]

2 minutes ago, Cadence said:

When you choose to file and get married don't matter, don't worry about that part.

Thank you dear. 

I'm so sad over all this. I just feel like everything is against us already... 

 

[Cocomessan 0]

18 minutes ago, banana_princess said:

Hi! It's complicated, but i'll share my thoughts.

1) I overstayed my visa, then got married, and what's going on right now scares me. But i have no way back. He banned 7 countries now, but who knows what can happen after? Who knows he won't add more counties? We can never be sure, just as we cannot be sure if some changes to AOS/the way overstay is treated are coming.

2) My husband (USC) was married to another immigrant before and their divorce was finalized a few months before our wedding. Both marriages are real, but my aos is pending for 2 years, and even more - the problem is not me, but his petition (i-130). I do not know if they think that our marriage is not real because he got divorced just before we got married? There is nothing else we can think of, we also thought we have nothing to worry about, but.... either way, no way back here either, and same for you.

 

If i were in your situation... i think i would stay... because at least you are in US already, and if you leave who knows when/if you can come back? Yes I'm saying "if" because who knows what they think? Most likely you'll be ok. But again, i never thought our case will take this long but they actually promised us a notice of intend to deny (real marriage! we do have tons of proof too, reason is unknown yet), no crimes committed or anything else, close in age, etc., besides the fact that his divorce was finalized shortly before. I guess you never know what uscis thinks.

 

So basically, you can't change your divorce time either way. We might as well leave this out. And both staying and leaving are risky at the moment. If you feel like staying, just go for it, i guess.

Do you at least have a working permit? Cause if you're waiting for 2 years and not helping your husband financially, how do you cope? I really hope it all comes together soon for you tho. 

[Usagi_tsukino 89]

3 minutes ago, Cocomessan said:

Would you advise to overstay, wait to get married? Which, I know is still dangerous?

 

2 years is too long. I don't want no lengthy procedures cause I need to go back see my son. I'm willing to wait few months but definitely not years. Not only do I wanna visit my son, I'd like him with me at some point... wow

If it was me, yes, but since you have a son it's a harder decision knowing you could be separated from him... 

Technically you can travel on AP during your AOS, but if you are denied entry on AP, you'll need a waiver later since you overstayed and then it will definitely take a really long time, and you'll be in your country all this time separated from your husband. I don't know what is the chance of being denied entry on AP after overstay, but I'm not risking it. 

[Usagi_tsukino 89]

6 minutes ago, Cocomessan said:

Do you at least have a working permit? Cause if you're waiting for 2 years and not helping your husband financially, how do you cope? I really hope it all comes together soon for you tho. 

Yeah, i do. Thank you!  

[Cocomessan 0]

18 minutes ago, banana_princess said:

Yeah, i do. Thank you!  

At least that, thank God.

 

19 minutes ago, banana_princess said:

If it was me, yes, but since you have a son it's a harder decision knowing you could be separated from him... 

Technically you can travel on AP during your AOS, but if you are denied entry on AP, you'll need a waiver later since you overstayed and then it will definitely take a really long time, and you'll be in your country all this time separated from your husband. I don't know what is the chance of being denied entry on AP after overstay, but I'm not risking it. 

Thank you so much for all the info dear, I appreciated.  

[Lemonslice 4,852]

57 minutes ago, Cocomessan said:

 

I could prove all of this to the USCIS, but would they wanna hear it? Would they want to sit down and hear all of this? 

I have never been an immigrant in my life, I love my freedom, I love travelling. I don't want to risk all of that. And I especially don't want to risk than man that I finally found to be the one God sent me. 

When you are waiting to Adjust status, you are not free to travel (and return to the US) until you receive your Advance parole.  Are you comfortable with having to start over if your son gets sick and you want to fly back home?  Just something to consider.  

[Cocomessan 0]

I have one additional (hopefully last) question, people. 

 

My divorce has been final on January 24th of 2017. It's final cause I have the divorce decree. On the divorce decree which is from Alabama there is a waiting period of 60 days before getting married. 

However me and my fiance we live in Maryland where there is 0 waiting period day. Meaning we could marry if we wish.

 

Based on your experiences: do people get deny on such reasons?

It looks like I'm going to overstay anyway, so I wouldn't mind waiting those 60days to get married and then file. 

 

Even it doesn't matter at all then we want to do everything withing the 90days which means get married and apply. 

 

I know I said something similar earlier but I haven't put in details what is said on the divorce decree.

 

Ps** to @Lemonslice thank you very much. This is one thing that i am very afraid. Whole reason why I'd love to do things legally as possible and starting researches asap. 

I could still change my mind and leave if I see that there are gonna be heavy problems preventing me from seeing my child. I'm willing to waste a few months cause he is great hands (with his father), but I can't take years. 

As much as I love my man, my son means the world to me. I want to be able to have both in my life. 

[Cocomessan 0]

One more question please, 

I'm sure the most stupid question ever posted on this thread but I want to ask nevertheless. 

 

Could I call USCIS, tell them our plan and let them advice us? Like informing us the "absolutely not to do s" ? 

Call and say for example: Im still a documented imigrant, however me and my fiance recently decided that we want to STAY together absolutely. We are getting married and want to file. What are the steps to take or what are the better alternatives? 

 

I know it sounds stupid but was it ever done? 

Initially we the decision was taken, we wanted to go to their office but didn't find any close to us. Then we wanted to try immigration attorneys. But then thank God I found this site. Any advice would be grateful.