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  1. #1
    Join Date
    May 2010
    Posts
    2

    Question Visa Waiver Overstay With a Pending CR-1 Petition

    Hello,

    I hope someone here can give me an answer/advice:

    Me (German) and my husband (U.S. Citizen) got married in March 2009 and filed for CR-1 in October last year.
    At January 8th 2010 I had to come to the states with a Visa Waiver cause my husband got into hospital with bad pneumonia (he got Muscular Distrophy too so he was in a pretty bad shape...).
    First I planned on staying 3 weeks - but when we seen that it will take a while for him to recover, I decided to stay. (he lives with his parents but he needed to be taken care of 24/7 so I stayed with him).

    Right when he got home from the hospital I went to the Congressman (we had letters from his doctor and his Respiratory Therapists that it is neccessary for me to stay here cause I ran his Home Ventilator etc.).
    We - and the Congressmans Office too - wrote a letter to the National Visa Center asking if it is possible for me to file for AOS since I couldn't go back to Germany at that point. They said I couldn't, but they speeded the CR-1 Visa Process up.
    Now my husband is much better and I could go back to Germany for a few weeks to get everything done (since I thought I'd stay 3 weeks I didn't go to any office and nothing...).
    Our Visa Case now is in Frankfort Germany and the next step will be (or would be!) my Interview there. I talked to the Congressmans Office again last friday and they said the Visa Center said I will either have to go to Frankfort and have my Interview, OR, file for AOS! (which they told us I couldn't 3 months ago.........).

    Like I said, it would be no problem right now to go back to Germany, have my interview, wait for my GC, get everything done and then really move back to the U.S. - but now I overstayed for about 1 month and don't know if I get in trouble.

    If they would have just told us we could apply for AOS in February, everything would be done by now and I wouldn't have to worry about nothing...

    I hope someone here knows an answer to our problem... cause we have to decide something pretty soon!

    Oh, and my little brother get married in Germany on July 10th... and I would love to be there...

    Thank You all and have a great day...
    Miriam

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Visa Waiver Overstay With a Pending CR-1 Petition

    A one month overstay doesn't trigger a period of ineligibility, although it does disqualify you from the visa waiver program. I would be prepared to document everything you've told us - and it sounds like you have accumulated some good documentation, assuming you've been keeping copies of everything - to explain your overstay as necessary.

  3. #3
    Join Date
    May 2010
    Posts
    2

    Default Re: Visa Waiver Overstay With a Pending CR-1 Petition

    Well, since I get my Visa (GC) after my Interview in Frankfort, I don't need that Visa Waiver in the future anyway.

    I'll take a letter from his doctor and a letter from his Respiratory Therapists with me - and those copies we have from their weekly home visits.
    Should that be enough?!

    Thank You!!

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