My husband overstayed his visa in South Korea can he still be approved for a CR-1?

[Maam1819 7]

4 hours ago, SteveInBostonI130 said:

2019.06.10:  2019, June, 10

2019.12.07:  2019, December, 7

Seoul

 

Exactly 180 days from entry.  This is confusing...how?

 

EDIT:  Normally, visa overstays would not be an issue for a spouse visa case.  But the jail time complicates matters.  As you planned, file and see what happens.

 

 

180 days is a LING TIME to remember. He has other major issues going on and it was an ACCIDENT why are we focusing on something that ALREADY HAPPENED THAT WE CANNOT FIX?!!!??? What’s wrong with you people?? I’m looking for a solution if your here to antagonize find something positive to do with your life. Just because YOU ARE UNHAPPY doesn’t mean you need to try to make others unhappy also! Spread love not hate - I’ll pray for you hating people when I’m praying our visa gets accepted also. Smh this is crazy 

[Rocio0010 5,579]

32 minutes ago, Maam1819 said:

I’m looking for a solution if your here

Your situation is very specific and you might not find someone with that specific same situation. I sent you some resources yesterday. Maybe that will help. 
Not nitpicking but on your previous posts you said that he was legally allowed to stay THREE YEARS. Then you also said that the overstay was during that time period. That doesn’t make sense. Not sure if there’s a language issue?

Also, as @Jorgedig said, claiming asylum and then going back to the country where you were being prosecuted is a big NONO. He could have gone from Colombia to Argentina. We’re pretty open. 
Again, you might not be finding the answer because maybe nobody has been in that situation before here in VJ. It seems doable though, but not without a good immigration attorney from here and possibly, another one from ROK

[Redro 4,611]

5 hours ago, Maam1819 said:

180 days is a LING TIME to remember. He has other major issues going on and it was an ACCIDENT why are we focusing on something that ALREADY HAPPENED THAT WE CANNOT FIX?!!!??? What’s wrong with you people?? I’m looking for a solution if your here to antagonize find something positive to do with your life. Just because YOU ARE UNHAPPY doesn’t mean you need to try to make others unhappy also! Spread love not hate - I’ll pray for you hating people when I’m praying our visa gets accepted also. Smh this is crazy 

@Maam1819 I feel like you're ignoring my posts. 

Just want to state. I am a foreigner living in Korea.. and Korean treatment when it comes to foreigners caught overstaying is fairly harsh. 

PLEASE make sure you get your husband's records from Korea. 

Translate those records to English and then consult with a lawyer about what his records mean. 

I can't find the posts on VJ right now but several people have successfully petitioned for their partners even though they were living illegally in another country/ and were deported.

Even if your husband is hit with an inadmissibility he should be given the opportunity to file a waiver. 

A good waiver will allow him to move to the US (but it will take some time).

I will also say... you might not want to mention his mental illness in the waivers as that could add to reasons for a refusal.

So, you want to get hold of his court records from Korea and hire a lawyer to look over to the case to

1.) Tell you if he will receive a refusal and

2.) The actions you need to take to get him his immigrant visa.  

 

The reasons you are giving for his overstay in Korea are weak right now... 

So you want to build a strong case to show why he would not be a burden on US society. 

Edited May 6, 2022 by ROK2USA

[JeanneAdil 6,505]

34 minutes ago, ROK2USA said:

@Maam1819 I feel like you're ignoring my posts. 

Just want to state. I am a foreigner living in Korea.. and Korean treatment when it comes to foreigners caught overstaying is fairly harsh. 

PLEASE make sure you get your husband's records from Korea. 

Translate those records to English and then consult with a lawyer about what his records mean. 

I can't find the posts on VJ right now but several people have successfully petitioned for their partners even though they were living illegally in another country/ and were deported.

Even if your husband is hit with an inadmissibility he should be given the opportunity to file a waiver. 

A good waiver will allow him to move to the US (but it will take some time).

I will also say... you might not want to mention his mental illness in the waivers as that could add to reasons for a refusal.

So, you want to get hold of his court records from Korea and hire a lawyer to look over to the case to

1.) Tell you if he will receive a refusal and

2.) The actions you need to take to get him his immigrant visa.  

 

The reasons you are giving for his overstay in Korea are weak right now... 

So you want to build a strong case to show why he would not be a burden on US society. 

the mental illness needs to be disclosed and treatment is followed thru 

this case has multiple issues 

they all need to be addressed

 

not on a 601 waiver unless the mental illness caused his overstay ,but to dr  at medical exam / not reporting this is a misreprentation of facts as some mental illness deem the immigrant inadmissible- and not reporting can cause a lifetime ban 

 

 

 

[Redro 4,611]

Just now, JeanneAdil said:

the mental illness needs to be disclosed and treatment is followed thru 

this case has multiple issues 

they all need to be addressed

 

not on a 601 waiver unless the mental illness caused his overstay ,but to dr  at medical exam / not reporting this is a misreprentation of facts as some mental illness deem the immigrant inadmissible- and not reporting can cause a lifetime ban 

 

 

 

You are correct. I worded my reply incorrectly. She should mention the mental illness as it pertains to the overstay but not treating the mental illness might hinder her petition.

The mental illness alone is not a good reason for breaking the laws of Korea. 

 

[SteveInBostonI130 3,451]

6 hours ago, Maam1819 said:

180 days is a LING TIME to remember. He has other major issues going on and it was an ACCIDENT why are we focusing on something that ALREADY HAPPENED THAT WE CANNOT FIX?!!!??? What’s wrong with you people?? I’m looking for a solution if your here to antagonize find something positive to do with your life. Just because YOU ARE UNHAPPY doesn’t mean you need to try to make others unhappy also! Spread love not hate - I’ll pray for you hating people when I’m praying our visa gets accepted also. Smh this is crazy 

 

If you present this argument/explanation to the CO at the interview the visa will be denied.  Not following rules and not paying attention to dates will give them little to no confidence that your husband will follow immigration rules now and in the future.

 

I have no idea who you or your husband are.  Why would anyone hate someone they do not know?   I am pointing out flaws in your explanation.  If you feel my comments are harsh, then you will not be prepared for the actual scrutiny your case will undergo by USCIS and USEM.

 

The people here providing feedback have navigated immigration successfully, or had some issues that they overcame and are now knowledgeable about.  It is your choice to read what people wrote objectively to learn as much as you can, or take everything personally and lash out.  The former is productive, the latter is destructive.

[TBoneTX 45,289]

This thread is locked for multiple Terms of Service violations.  The OP was provoked, certain experienced members (one of whom is quite fortunate to avoid an account suspension) kept needling her, and the OP began to overreact and violate the TOS herself.

 

Because adequate advice has been offered, this thread will remain locked, and the topic is not to be restarted or revisited.  The experienced members here who began and continued provoking the OP should think twice before posting in such fashion again.

 

Thanks to the other members who were objectively and subjectively supportive.

 

TBoneTX

VJ Moderation

Edited May 7, 2022 by TBoneTX