I am a german citizen, married to an american citizen. I have one daughter from a previous marriage.
After getting married, we didnt live together right away, because I was still located in germany, and my husband lived in the US.
My daughter and I entered the US under the WVP in July 08 to visit my husband and it was planned, to go back to germany. Instead of going back we stayed and we intended to apply for our adjustment of status. We knew we had at least 90 days for it and we were in good faith that we would get the money together for all the papers. Unfortunately time went by and we couldnt get the money together. Neither did we have the money to leave the states.
I have to mention, that my husband gets benefits from the VA and that he wanted to add me and my daughter as dependants, but that he couldnt, because we didnt have our SSN (Social Security numbers). But the SSn we would only get with completing all the papers. Adding us would have solved our financial problems. It was like vicious circle.
Anyways, after it was clear, that we wouldnt get the money together for the papers, I loaned money from a relative, that my daughter and I could leave the states. My husband followed us a little while later.
Now we are all living in germany, but we dont want to stay here for several reasons. One is that my husband needs a surgery that he wants to get done in the states.
There is an option which is called Direct Consular Filing. My husband is registered accordingly here in germany,so that is a way we could go. But my question is: Will it make sense at all, to do the DCF? Or is it hopeless because of my overstay? The overstay was over 180 days. It wasnt planned and it wasnt done on purpose, it was just the circumstances. Will there be a chance for us to explain it at the embassy in germany (we plan to file in person). Or will I get denied right away?
We really dont know what to do. The visa fee is non refundable. So if I'd know that there is no chance at all, we could save the money. But if there is the slightest chance of still getting my visa, we of course are going to file. I heard that you will be forgiven certain things, when married to a US Citizen, because of the immediate relative status.
Input on this will be highly appreciated. Thank you!