spousal vs fiancee visa if fiancee overstayed visa

[Just Paul 4,595]

You might need an attorney before she becomes an attorney. Seriously tho, a 10 year ban and she has already become a public charge on an earlier visit.

 

Definitely meet first and don't get married on the first visit.

Edited June 28, 2019 by Paul & Mary

[debbiedoo 2,339]

affidavits carry a very negligible amount of weight. Your attorney is not very knowledgeable if they are saying this carries weight.

 

you do not have to have a SS or ITIN for many many documents that DO carry weight. Property ownership (with no loan attached), Wills, power of attorney, some credit cards, some bank accounts, etc. my husband was on many  of these things before we were even married.

 

You will also have to overcome the 10 year ban and make sure those hospital bills were PAID.

 

Why dont you MEET her first (sigh.....) , MEET her SEVERAL TIMES (sigh.....), get to know her in person and in real life (not in vacation scenarios), and THEN consider your future together and what your options are.

[USS_Voyager 1,972]

2 hours ago, Paul & Mary said:

Definitely meet first and don't get married on the first visit.

That is the best advice from a very wise man. O0, whatever you do, doesn’t matter what happens on the first trip, do not get married on the first trip visit. It will make things very very hard later on. 

[USS_Voyager 1,972]

1 hour ago, debbiedoo said:

Why dont you MEET her first (sigh.....) , MEET her SEVERAL TIMES (sigh.....), get to know her in person and in real life (not in vacation scenarios), and THEN consider your future together and what your options are.

He’s in looovveee. Many people tend to stop thinking with their heads at this stage...

[BigJoePR 1]

thanks everybody for your keen observations, and information on what to expect and were to look. 

 

we talked briefly about what if everything goes on as it is going like it has been and i decided to bring the question to the table... 

 

Will take everything into account and definitely had a hunch that marrying on the first visit wouldnt be beneficial by any means, so pinky promise i wont... 😁🤣

 

thanks again for all your heartfelt advice

 

Jose

Edited June 28, 2019 by BigJoePR

[HRQX 4,145]

3 hours ago, BigJoePR said:

1.5 to 2 years. 

Consult a knowledgeable immigration attorney: https://www.alllaw.com/articles/nolo/us-immigration/extreme-hardship-waivers-following-immigrant-visa-denial.html

[SalishSea 17,818]

Facing a 10 year ban, a large outstanding hospital bill, and potentially a rushed marriage (first visit?), have you thought about living in her country?

 

What you want to do is technically possible, but it will not be fast or cheap in any way.  Your situation is much more complicated than the typical K-1/CR-1 couple.  Would be good to have a solid plan B.

[BigJoePR 1]

25 minutes ago, Jorgedig said:

Facing a 10 year ban, a large outstanding hospital bill, and potentially a rushed marriage (first visit?), have you thought about living in her country?

 

What you want to do is technically possible, but it will not be fast or cheap in any way.  Your situation is much more complicated than the typical K-1/CR-1 couple.  Would be good to have a solid plan B.

this was something that came to my head and i decided to ask to see my options, and definitely im grateful about everything you all exposed.

 

Thinking through that, i could go to live over there, but, I have a 7 y/o for who i have to pass child support, and difference in pay over there in my line of work is abysmal. 

 

definitely got to think this a whooooole lot more. 

 

Thanks!

Edited June 29, 2019 by BigJoePR

[OLee 64]

23 hours ago, BigJoePR said:

HI all!

Im an american citizen (born in Puerto Rico) wishing to bring my fiancee to the states. we have been talking to each other for almost a year right now and im about to go to meet her in September. She is a law student from Guatemala, with a 7y/o american citizen kid. Earlier she went to the states, overstayed her visa having her kid here in the states, but she left US at her will (no proceedings involved) more or less 5 years ago.

heres the question: We are planning to wed, but we are considering how it works better in terms of probability to be successful, and secondary time to get the visa / green card.

Talking with a friend of mine that is married with a chinese he told me that might be better to marry then to apply for a spousal visa,

Spousal visa: but how to prove a bona fide marriage if we wont live together till getting the visa?

Fiancee Visa: How the visa overstay might hurt it possibilities?

What do you think??

Thanks! thanks for your advice! Immensely appreciated!

Jose

OP, I honestly admit I overstayed my visa some 25 years ago. Long story short, I stayed for almost 5 years instead of 6 months allowed. Went back to my home country voluntarily with no intention to come back. I later met my now husband, we got married, lived in my country then decided to move to the USA. I didn’t even know then, that by overstaying I had “earned” 10 years ban. By the time we filed for spouse visa the ban had been expired. The interview went well, the CO mentioned my overstay, he could also see I had ss#, worked and paid taxes. It was embarrassing a bit, but no questions were asked as our bona fide case was solid. 

    Good luck to you! 

[SusieQQQ 11,586]

Agree with the view that meeting first and establishing the bona fides are most important. Think reading the “effects of family changes” forum should be compulsory for all intending k1 & cr1. 

[BigJoePR 1]

6 minutes ago, OLee said:

OP, I honestly admit I overstayed my visa some 25 years ago. Long story short, I stayed for almost 5 years instead of 6 months allowed. Went back to my home country voluntarily with no intention to come back. I later met my now husband, we got married, lived in my country then decided to move to the USA. I didn’t even know then, that by overstaying I had “earned” 10 years ban. By the time we filed for spouse visa the ban had been expired. The interview went well, the CO mentioned my overstay, he could also see I had ss#, worked and paid taxes. It was embarrassing a bit, but no questions were asked as our bona fide case was solid. 

    Good luck to you! 

the good thing is that she went back to her place 7 years ago, so I guess in 3 more we will be good to go. 

 

2 minutes ago, SusieQQQ said:

Agree with the view that meeting first and establishing the bona fides are most important. Think reading the “effects of family changes” forum should be compulsory for all intending k1 & cr1. 

thanks! definitely ill read it.

[milimelo 4,477]

40 minutes ago, BigJoePR said:

the good thing is that she went back to her place 7 years ago, so I guess in 3 more we will be good to go. 

 

thanks! definitely ill read it.

If kid is 7, she left 5ish years ago so 5 more to go. 

[Ontarkie 14,218]

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