Overstayed K1 Visa after marriage (left voluntarily)

[Dreaming Dreamer 7]

4 minutes ago, Boiler said:

Greene King IPA

 

My assumption is that they go easier on those in the Armed Forces, nothing concrete to prove that. Certainly would be a Extreme Hardship being based in AZ, how could he move?

 

This is true! There is no definite chance he'll be moving anywhere.

[Dreaming Dreamer 7]

5 minutes ago, Paul & Mary said:

You have to file the petition first.  You will have plenty of time to do the waiver.

I understand. Just trying to figure out what our chances would be, you know what I mean?

[Just Paul 4,595]

20 minutes ago, Dreaming Dreamer said:

I understand. Just trying to figure out what our chances would be, you know what I mean?

There are no "chances" in Immigration.   Fill the I-130/I-130A to get ball rolling.  Once you interview and the CO says to file a waiver, hire an attorney to file or review the waiver. 601s are not that difficult for an overstay.  An attorney may be worth the costs for a waiver.   It needs to be written strongly.

[little immigrant 801]

4 hours ago, Dreaming Dreamer said:

Hi All!!

 

I need little bit of advice just to see where I stand. Now, I understand what I should've done and, I understand my situation is messed up, so please no negativity or saying what I should've done. I know that already I just want to clarify a few things.

 

In short, here are the facts:

 

• Entered on K1 Visa November '15
• Married November '15 (Did not adjust status)
• Child born in the US '17
• Broke up with husband and returned home (with child)  summer of '18 (did not divorce. Still married)

 

I understand I am now under the umbrella of the 10 year ban. My question is: is there no way I could move back any earlier? If my husband applied for the spousal visa, would that be immediately rejected? No there isn't anything fishy about my wanting to return. Sometimes situations have a way of working out when distance and time are added to the mix.

 

On the flip side. If that application is rejected and I wait 8 more years, will I even be allowed re-entry?

 

 

There is obviously more to the story than I've said. I just want to get some information on the facts at hand. Not the "Well you should've thought about that before you left". Please no judgement. This is a miniscule snapshot of the whole situation.

 

 

I honestly would appreciate any advice.

Maybe I missed it but are you still broken up or back together? 

[Suze1 366]

11 hours ago, little immigrant said:

If my husband applied for the spousal visa, would that be immediately rejected?.... Sometimes situations have a way of working out when distance and time are added to the mix.

@little immigrant Took that to mean that they are back together....

[Dreaming Dreamer 7]

12 hours ago, little immigrant said:

Maybe I missed it but are you still broken up or back together? 

Our relationship now is the best it has ever been in over 7 years!.

 

Like I said,

14 minutes ago, Suze1 said:

Sometimes situations have a way of working out when distance and time are added to the mix.

 

[Dreaming Dreamer 7]

15 hours ago, Paul & Mary said:

There are no "chances" in Immigration.   Fill the I-130/I-130A to get ball rolling.  Once you interview and the CO says to file a waiver, hire an attorney to file or review the waiver. 601s are not that difficult for an overstay.  An attorney may be worth the costs for a waiver.   It needs to be written strongly.

Right, I see what you mean. Get the ball rolling with the I-130 and go from there.

[Dreaming Dreamer 7]

Will the process be anymore complicated with my daughter having a US Passport?

[Just Paul 4,595]

4 minutes ago, Dreaming Dreamer said:

Will the process be anymore complicated with my daughter having a US Passport?

It doesn't matter on the I-130.  It might help on the waiver - you getting approved makes it easier to have a relationship with her father.

[AnnaLee24 16]

Curious, so if y’all are still married are you & your daughter on his orders? Do you still have your military ID so you can go on base & do grocery shopping, doctor, etc..? USCIS is going to Mildenhall in March you can sit down with them and talk. 

Edited February 12, 2020 by AnnaLee24
Adding, you can get an ID card at any US base there. It will be a bit harder since your husband isnt there but it can be done.

[Boiler 45,902]

Using the existing I 130 would be preferable to filing a new one, assuming that is possible. Well quicker and cheaper.

[NikLR 13,231]

Obviously he can be stationed elsewhere. He wont spend forever in Arizona. But since he is stateside vs stationed in the UK or Europe, it's easier to prove hardship.  Is he helping pay for your expenses? It also helps expenses to be in a one home household than 2 home. 

[Dreaming Dreamer 7]

On 2/12/2020 at 8:00 PM, AnnaLee24 said:

Curious, so if y’all are still married are you & your daughter on his orders? Do you still have your military ID so you can go on base & do grocery shopping, doctor, etc..? USCIS is going to Mildenhall in March you can sit down with them and talk. 

I do have ID....... But it expired Jan last year. As we haven't been back to the states yet I haven't been able to renew it. Each time he's tried to fly over it got cancelled. He's deploying now so as soon as he's back, he'll be over here visiting so we can go get it renewed then. 

[Dreaming Dreamer 7]

On 2/12/2020 at 9:55 PM, NikLR said:

Obviously he can be stationed elsewhere. He wont spend forever in Arizona. But since he is stateside vs stationed in the UK or Europe, it's easier to prove hardship.  Is he helping pay for your expenses? It also helps expenses to be in a one home household than 2 home. 

Lol you say that but his base has a rep for keeping them stationed there for yeeears lol. You're right though, we won't be there forever. Yes he helps pay for expenses here. Just my daughter and I live together. 

[Dreaming Dreamer 7]

On 2/12/2020 at 8:13 PM, Boiler said:

Using the existing I 130 would be preferable to filing a new one, assuming that is possible. Well quicker and cheaper.

We don't have an existing one. So I guess we have to file a new one.