Hi
It is a bit complicated so please bare with me !
I was married to a US Soldier in 2001 and went to the States in March of 2005 on a tourist Visa for 3 month and was supposed to leave on May 24th 2005.
I overstayed my visa and did not leave until November or 2006 after my daughter was born in October of 2006.
I have no criminal records or was deported. That I overstayed was due to the fact that my oldest daughter went to school and I did not want to pull her out of that again since we had no home in Germany any longer.
My family did not support me and my husband moved out to be with his new Girlfriend and child only 4 month after I arrived in the US.
We got divorced in December of 2008 since he did not agree to the divorce due to military benefits.
I met my now fiance in 2005 and we had a daughter in 2006 and left together to go to Germany.
He cant find a job, he has 3 kids in the US from a prior relationship and he has several mental disorders due to his time in the military and cant get medical help here cause he has no insurance or job.
We want to get married and now I am wondering if its possible to get a Fiance Visa so we can get married in the US or if I have to be married first to get a Visa to go back ?
I read that having a Visa does not mean you will b allowed to enter the US and that the Homeland security officer will decide if u can enter and for how long you will be granted to stay - if that is true I wonder if anybody in this Forum had been a overstay and obtained a visa and now is in the US and how high my changes are to get a visa ?
I am scared that they will not allow me to ever enter again.
His mother is in the hospital due to a heart condition and she hasnt seen her grand baby in over 2 yrs ( only saw her once ) and I am worried that she will pass without seeing her again.
His family is very supportive and I love them like they are my parents Im just very worried right now !

