K1 Visa Overstay and 10 year Ban

[Redheadguy03 505]

You didn't adjust and their's nothing you can do. What your ex did was bad, but you are at fault as well. 

 

If he won't do the AOS then you have three options : stay in the country illegally (don't recommend that), leave of your own accord, or wait until you're deported. Not much else you can do. 

[caliliving 606]

this happened to someone else i know.. she is now living in the USA under the radar.. that is your ONLY option.. also in the future if you have a situation where the person is old or something and you are helping them out (i read a story about a woman who was basically a nurse to her second ailing husband and got a waiver for that).  but as a 21 year old, that probably wont be a waiver that you would be able to get anytime soon!

 

honestly, your option is to stay here illegally with the other millions of foreigners or go home.  

Also, be aware that your overstay to the USA will affect other countries like canada..the countries are tracked and share information so you wont be getting a visitor visa to canada anytime soon.

also, after the 10 year ban you wont get a tourist visa to come to america.. basically, it is a lifetime ban (unless you get a visa with immigration intent). 

[KIRKUVAN L 75]

Hi! First of all let me tell you how much I admire you. It is a very difficult situation not only emotionally also political!

Life doesn't end here, this is a new beginning for you and you have to learn from it! 

Sadly your case isn't the first or last one. There are many people that are going through the same situation as you. Take the better of it and start over! You are super young. Sadly this person seems son unstable. Think about this; you moved all the way here to be with him, looking for a better life for both of you and you seem like you did everything on your hands to make it work  but remember relationships are of two and no of one . It didn't work and you gotta keep going, you deserve better.

You are on time to take a decision, just make sure to take a decision knowing what you're going to face with each of them. Decisions and options there are many, but you have to ask yourself what you want; need and what is the best for you. America is a great place but it isn't the only one. There is a world out there and  is waiting to be discovered!

Heal and start over! Find someone who deserves you and you deserve! Alway be true to yourself!

A divorce isn't easy but is a new point to start!

Rise upon this and learn from it.

 

I send you a big hug and I truly wish you the best! Good luck!!

Dearly Kirkuvan L.

 

Edited June 6, 2017 by Kirkuvan Lehtonen

[HahvahdYahd 1]

9 hours ago, CatherineA said:

Sorry, this is a difficult position. Unfortunately, the time to get any compensation for playing casually with your life was during the divorce and even then I don't think you could have gotten anything  (blood from a stone etc). You took a big risk (fiance visa is risky for this exact reason-- the immigrant arrives completely dependent on the petitioner with the green card on the line) and it didn't work out. The only way to adjust status from a K1 is with the original petitioner, and that avenue sounds like it's closed (and honestly, it should be. You don't need to stay with someone who treats you like that). You're young and haven't been here that long in the grand scheme of things.

 

If I were in your shoes, I'd cut my losses and go home and work on building a great life there. You're so young that you'll still be young in 10 years AND on top of it, the bans are waivable. Staying without status and no way to GET status is just going to push this problem further down the road and multiply it. The longer you stay and build a life here, the more you have to lose.

Gotcha. I really really don't want that life for me. I don't judge immigrants who come here and decide to stay, but it is so difficult to live a life no basically fewer rights, with no documents, fewer options for job... It's very stressing because it HAS been like that since I got here and couldn't dor it for much longer. Thank you.

[HahvahdYahd 1]

8 hours ago, discoverusa said:

Is civil union the same as civil marriage? The city hall/court marriage? It probably doesn't even matter at this point, but if you were technically married in Brazil, why did you get K1 as opposed to CR-1 visa?

The CD-1 visa required an  actual marriage, the civil union is a step before marriage, but basically works like civil marriage. That was our only option there, something about his visa didn't allow us to get married right away. So that's why de did the K-1. We knew the CR-1 was a better option but oh well.

[HahvahdYahd 1]

3 hours ago, Damara said:

This might sound harsh but IMO you need to take more personal responsibility. All I see in your postings are variations of "he was suppose to do XYZ, this is his fault" etc. YOU made the choice to stay. You were issued a K visa and entered Sept 29th. You had 90 days on that visa to marry and needed to file for adjustment of status promptly. If not in the 90 days then asap. You dont incur a ban until 180 days, which would have been 3 yrs. You passed that mark and are now facing the 10 yr ban. So where was your choice? It was to stay past the 180 days after your visa expired with out filing AOS. You made that choice. You can blame it on him if you feel he misled you, but the choice to remain with out filing AOS was yours. It was always yours. You made the wrong choice. Its a hard life lesson.

People will understand that you can not enter the US and shouldnt harbor bad feelings towards you for not coming back to visit them when you are legally not allowed to. Also Im not saying the US isnt "great" but it isnt the only "great" place on Earth. Stop looking at the past, what happened happened. Accept your fault in it. Learn from it and move on. 

I understand what you're saying, but you don't know me. I tend always to push the blame on myself, I guess because of my personality, contrary to what you think. And trust me, If it was up to me to adjust my status, I would have done it long ago. In the event of us not having money, I went out and asked for a job, to shovel snow and whatever to make the money we needed. When I stayed over 180 days, we were still together, as well as for the 10 year ban. We both knew we were late and were trying to send the docs as soon as we could, cause we knew we'd be forgiven, but then things feel apart and I was left in this situation. So NO, it was NOT my decision to stay without the AOS. Anyways, it IS a big deal for me getting the ban, otherwise I wouldn't have posted here.

 

I'm sorry, but coming here to say it was all my fault isn't much of a help, I already blame myself enough for trusting my 'beloved' ex. Don't forget we were a couple, and according to you guys there's nothing I can do about it. I'm not you, I will staill be sad, disappointed, but will go on

[HahvahdYahd 1]

2 hours ago, caliliving said:

this happened to someone else i know.. she is now living in the USA under the radar.. that is your ONLY option.. also in the future if you have a situation where the person is old or something and you are helping them out (i read a story about a woman who was basically a nurse to her second ailing husband and got a waiver for that).  but as a 21 year old, that probably wont be a waiver that you would be able to get anytime soon!

 

honestly, your option is to stay here illegally with the other millions of foreigners or go home.  

Gotcha. well, that's a bummer. Thanks anyways

[HahvahdYahd 1]

1 hour ago, Kirkuvan Lehtonen said:

Hi! First of all let me tell you how much I admire you. It is a very difficult situation not only emotionally also political!

Life doesn't end here, this is a new beginning for you and you have to learn from it! 

Sadly your case isn't the first or last one. There are many people that are going through the same situation as you. Take the better of it and start over! You are super young. Sadly this person seems son unstable. Think about this; you moved all the way here to be with him, looking for a better life for both of you and you seem like you did everything on your hands to make it work  but remember relationships are of two and no of one . It didn't work and you gotta keep going, you deserve better.

You are on time to take a decision, just make sure to take a decision knowing what you're going to face with each of them. Decisions and options there are many, but you have to ask yourself what you want; need and what is the best for you. America is a great place but it isn't the only one. There is a world out there and  is waiting to be discovered!

Heal and start over! Find someone who deserves you and you deserve! Alway be true to yourself!

A divorce isn't easy but is a new point to start!

Rise upon this and learn from it.

 

I send you a big hug and I truly wish you the best! Good luck!!

Dearly Kirkuvan L.

 

haha Thank you! Thank you so much. Gosh, it's been very very difficult. He is indeed very unstable. Later just last year he was diagnosed with ADHD, so he tends to be very impulsive without realizing, or feeling any guilt. Anyways... Thank you for your words. I'm trying to get used to the idea, get my things together and move on. I can't be sad about this forever. Thank you so much!

[discoverusa 269]

26 minutes ago, HahvahdYahd said:

The CD-1 visa required an  actual marriage, the civil union is a step before marriage, but basically works like civil marriage. That was our only option there, something about his visa didn't allow us to get married right away. So that's why de did the K-1. We knew the CR-1 was a better option but oh well.

Thanks for clarifying that.

[bunkx 25]

Wasn't there anyone you could have borrowed money from? Parents, family, close friends? Maybe even a bank loan?

When it comes to AOS, it's not really solely his job to submit the package. In my case, I gathered up all the documents, filled out all the forms and all I asked from my US spouse was signatures (a lot of them lol). Also, I can't help but have doubts about your decision to stay past the 180 days, if you really intended to return to Brazil after that (which you should have, and you could have applied for a CR-1 from Brazil after that, had you guys been together still) I feel like you could have come up with the money somehow. When it comes to overstaying and risking a long ban, getting on a plane and leaving should be your top priority.

 

Anyhow, the damage has been done. I do really hope you find hapiness, and maybe you'll find another country that you'd like to live in. The US isn't the only place out there. My advice is to keep your head up, go back to Brazil and don't give up on love because of some #######. 

[Umka36 781]

This is the problem with the K1 route unfortunately. People delay filing of the AOS after marriage for various reasons, but it leaves the immigrant (well non-immigrant) spouse it limbo and/or at the mercy of the US spouse. Every couple is different. I did all the immigration paperwork for my wife, and she just reviewed the documents and signed. Whether my wife want be a US citizen or not is her choice to make, but permanent residency is not.

 

OP, best course of action is really to just go back to your home country and take the 10 year ban. It stinks, but there not much that can be done without reconnecting with your former spouse. 

[Cam54 84]

On 6/5/2017 at 6:54 PM, HahvahdYahd said:

I understand what you're saying, but you don't know me. I tend always to push the blame on myself, I guess because of my personality, contrary to what you think. And trust me, If it was up to me to adjust my status, I would have done it long ago. In the event of us not having money, I went out and asked for a job, to shovel snow and whatever to make the money we needed. When I stayed over 180 days, we were still together, as well as for the 10 year ban. We both knew we were late and were trying to send the docs as soon as we could, cause we knew we'd be forgiven, but then things feel apart and I was left in this situation. So NO, it was NOT my decision to stay without the AOS. Anyways, it IS a big deal for me getting the ban, otherwise I wouldn't have posted here.

 

I'm sorry, but coming here to say it was all my fault isn't much of a help, I already blame myself enough for trusting my 'beloved' ex. Don't forget we were a couple, and according to you guys there's nothing I can do about it. I'm not you, I will staill be sad, disappointed, but will go on

It was up to you to adjust status, yes technically your partner is the filer but I put together all of the paperwork for mine and literally only had my husband sign his name, I took it upon myself to be aware of the process and legal aspects as ultimately it is myself that is affected most if anything goes wrong, my husband knows little of the process and yet Iv successful applied for k-1, AOS and ROC without his help. Basically what I'm saying is learn from this situation and appreciate that you should have been more proactive in your application and you should have understood that paying for AOS was THE most important thing you had to do and finances are not an excuse especially when you knew there was a fee prior to moving, take ownership of your joint responsibility in the mistakes that were made or you won't learn from them.

[HahvahdYahd 1]

2 hours ago, Cam54 said:

It was up to you to adjust status, yes technically your partner is the filer but I put together all of the paperwork for mine and literally only had my husband sign his name, I took it upon myself to be aware of the process and legal aspects as ultimately it is myself that is affected most if anything goes wrong, my husband knows little of the process and yet Iv successful applied for k-1, AOS and ROC without his help. Basically what I'm saying is learn from this situation and appreciate that you should have been more proactive in your application and you should have understood that paying for AOS was THE most important thing you had to do and finances are not an excuse especially when you knew there was a fee prior to moving, take ownership of your joint responsibility in the mistakes that were made or you won't learn from them.

Okay, just so you know, I was the one who put all the documents together. ME. Just like in your case. I was the one doing the research but in a perfect world, no one is affected by emotional things that happen and other reasons. I do blame and keep blaming him, although I'm the one in a bad situation. The issue was purely fonancial, and I should've have trusted him like I did. That's just cruel to do what he did. Now you're telling me stuff like you actually know me. Don't you think that a ten year ban is enough to teach me? I do. It happened and I came here for help, not learn to blame myself to death. You're wasting your time

[f f 725]

what help do you want then? no one is going to lie and say call this number and all of your issues go away. if finances were the only cause of the delay then there was and still is a fee waver form.

 

it seems to me that you really want to vent your frustration which is fine but the advice you have been getting on your options sadly os correct.

[geowrian 22,337]

3 minutes ago, f f said:

what help do you want then? no one is going to lie and say call this number and all of your issues go away. if finances were the only cause of the delay then there was and still is a fee waver form.

Fee waiver for the I-485 was not possible in her case. To file an I-485 and qualify for a fee waiver, you must not be required to show that you will not become a public charge. AOS from a K-1 requires this, therefore a fee waiver is not possible.