Come back to the U.S. to marry or as Spouse in spite of overstaying previoius tourist visa?

[NorthernGirl 0]

Hello VJ Peeps,

I’m writing for some friends of mine, in hopes that someone reading this has been in similar circumstances and can offer suggestions as to best handle the following situation. Here’s the story:

Marco came here to the States from Brazil , on a tourist visa. I do believe he overstayed the visa (probably more than a year…). While here, Marco met and fell in love with Lisa – a U.S. citizen. They’ve been together for about a year and a half now. About a month ago, Marco had to go back to Brazil , as his dad was very ill (and passed away a several days after Marco got home). Lisa and Marco had been thinking about getting married, but hadn’t made any solid plans. Now they’re wondering: Should they go ahead and file for Marco to come back on a fiancé visa? Is this possible? Or should they get married in Brazil and then file for a spousal visa?

Is Marco automatically doomed, seeing that he overstayed his last visa??? He wasn't deported - he left on his own...if it matters.

[if only Love would conquer the government...]

[YuAndDan 153]

Either way they will have to file an I-601 to waiver the bar that will be in place for the overstay. This tends to have to be done after the consular officer requests it at a visa interview.

[NorthernGirl 0]

Okay, thanks! Yet another form, more $$$, and more wait time.

[YuAndDan 153]

Okay, thanks! Yet another form, more $$$, and more wait time.

Overstaying a visa can be a costly mistake.

Marco is not doomed, just will hit a speed bump.

[NorthernGirl 0]

Okay, thanks! Yet another form, more $$$, and more wait time.

Overstaying a visa can be a costly mistake.

Marco is not doomed, just will hit a speed bump.

Hey thanks again. Yea, I've warned him that it'll be a "major hurdle."

I wonder: Do people in this situation have to file a letter of "extreme hardship" along with the I-601? Is this always necessary?