Please advise

[ctca]

Please anybody advise I am so much in pain. here is my situation: I was in the USA since 1990 on F-1 visa , could not finish study, stay there untill 2002, got married with my wife who was GC holder that time , i did not apply for AOS, I left the country for some emmergency. my wife would be a USC soon . I have two kids there. How could i go back to america to join my family. Did i overstay, I do not know, if i did would i still can go back to my family, And how? what meathod?

[Albert Einstien]

2 questions- Did your I-94 have the letters D/S for Expiration Date? F-1 visa holders usually have this. Atleast in the past. If so, did the INS or Immigration Judge ever tell you that
you are in violation of status? (This usually happens if you get arrested by them etc..) If not, you did not overstay. Just wait till wife is USC, then apply for an immigrant visa or K-3visa at the nearest US embassy. That is the quickest way. K-3 will allow you to come here and do AOS here.

[ctca]

Thank you Albert for your advice. Yes my I-94 had D/S on it. I was never arrested or anything like that. do you think the Embassy will cause any trouble for getting Either visa, Immigrant or K-3 in my situation. thank you if you can give me more advice. you took a lot of stress off my head.

[Albert Einstien]

Well your situation is promising in the sense that you dont have any legal road blocks per say. But the fact that you kind of stayed for 12 years w/o going to school is bad. But there is no legal basis to deny due to that. They might give u a hard time about that one issue. The good thing is that you have kids and all.
I think u should wait till she is a citizen and apply for a K3 or immigrant visa right away. You really dont have any other choice.
I would also try to get a certified letter from a psychologist who could say that it is in the best interests of the kids to be with their father etc... Personally I think you have a great chance of getting a visa.

[ctca]

Thank you Albert for your promising advice. Could you also tell me how long that would take for the immigrant visa approved and get to see my family. Does my kids and wife have to be financially strong in order to apply for me. I talked to an attorney he said i overstay illlegal for so many years. Is that true? According to you if it says on mu I-94 D/S. it means that i did not overstay illegal. What are your Expert openion on that. I take advice from all the expert on this forum out there. please.

[detroitimmi]

ctca
I think you should consult an attorney immediately. You have a good chance to get a visa but it's been 12 yrs and post 9/11 kids and all might not be helpful. If I were you I wouldn't do the application process myself, but would hire a good attorney.
My 2 cents.