From Spain, Overstayed Visa Waiver, Fiance Visa

**Cristina2008** · 03-14-2008, 02:47 PM

Hi there, I overstayed in the U.S. (about 18 months), and I decided to leave the country voluntarily. I entered legally to the U.S with VWP, I did NEVER work there, no criminal records, no INS deportation notice. I was just waiting for my boyfriend to get his citizenship but my dad died two months ago so I had to come back to Spain. My boyfried is an U.S citizen already, I've heard so many stories about the 10 year bar that I don't know whether we could go for a K-1 Visa or not?. I did a lot of research online and some people say it works!. We're desperate.Thanks a lot.

**Mr. Knowitall** · 03-17-2008, 06:58 AM

Ineligible means ineligible.

If it has "worked" for some people, odds are it is because of a bureaucratic error.

**Cristina2008** · 03-17-2008, 09:06 AM

Well, thanks a lot for your 'kind and warm' reply. I was just asking because I KNOW I can apply for a K-1, it will be rejected, and we'll go for the extreme hardship letter then. I'm gonna go for it and I'm gonna make it.

**Jeannie6375** · 04-01-2008, 11:52 AM

Hi there Christina,
My boyfriend and I just sent in our paper work for the f-129 fiance visa. He is from Spain and I am from the U.S. I don't know why Mr. Knowitall even bothered to reply. What a jerk. Anyway, in order to get the K-1 fiance visa you need to apply with the f-129 form. What a huge headache it is going through the process.

I'm not sure I understand your situation exactly? I am guessing you are still in Spain after having overstayed your 90 days in the States and have not tried to return to the U.S.? My boyfriend did not overstay his visa when we were in the U.S. so we do not have the same situation you do but I have read a lot while going through the paperwork process and I also have a friend that is trying to get her boyfriend back into the states after he overstayed his visa. They want to get married but have been told he can not return for 10 years. They hired a lawyer to try and help. At the moment I am not sure about their situation. They are in England.
Well, if you have any questions about paper work or anything I am very happy to try and help. It's not an easy or fun process and it's nice to know someone else going through it.

**Karen tellez** · 08-15-2008, 06:14 PM

I'm not sure if the people giving advising here are experts and if they are 100% aware of the difference bet. a visa waiver and a regular visa.

I spoke to a very good immigration lawyer today, and he told me that even if a person over stay the visa waiver this person can married without having to leave the USA. We paid good money to get his expert opinion. Unless he is wrong, then we just wasted our money.

Im american and my fiance is from spain.

**venezuelanprincess731** · 09-09-2008, 01:58 PM

my friend's husband is from Mexico, he came thru the borders illegally, it took a long time after they were married, but he recieved permanent residency after about 10 years with the assistance of an immigration lawyer. In any case unless the person came to the US legally, and followed all rules& regulations, then you must use an immigration lawyer. it's the only way without messing things up. they know the laws, permit them to do their job.