My fiancee is from New Zealand he came over to the US in 1997. He has been here for 11 years now and he was put on probation for Domestic Violence against me. It was a messed up deal that should have never happend but being in Texas the state pressed charges automatically allthough I went to the DA and denied all wrong doing. Anyhow he went to probation and border patrol was there to pick him up after about six months of probation. It has now been about a month he is in a detention center. The judge has set Administrative Removal. I plan to go to NZ soon after he goes. He is wanting to make a quick return to the US as he is a pro bull rider and rodeos and has a life here. They are not holding the DV charge against him that I know of. They really were looking at the fact as a visa overstayer as he never tried to get legal or file any papers since he got here 11 years ago. I plan to marry him when I go over there. When will he be able to return to the US after us getting married? Will he be facing some kind of bar and if so how long? He will not only have me as his US wife but the company he was working for plans to sponser him on somekind of work visa or sponsership visa if possible. What is the best route to take as I don't want to stay in NZ for more than three months and have to deal with all my visa and legal stats there. I will if he is not able to return here as he will then be my husband and I want my life with him. If I do have to stay in NZ I realize I will have to get an permenat resident visa... if it is longer than two years will I then have to give up my US citizanship? There are oh so many questions and I have done hours and days of research and not finding much on how it will work. Any help is greatly appreciated. Thank you!
My NZ Fiancee and I need your help... we love each other and want to marry and return to the US
- Thread starter leighannm
- Start date
gatasalvaje
Registered Users (C)
I sent you a message, hope you got it.
elcupacabras
Registered Users (C)
An overstay of 180 days = a 3 year bar
An overstay of 360+ days = a 10 year bar
Im not sure how it works though if your partner is actually deported....whether these bans would apply, or whether a life time bar would apply
If you marry, you would file the I-130....this would take approx 250 days (going by current processing times) to either be approved or denied. As your partner has such a long overstay, then this will be denied. Once you receive the denial, it is then possible to file a waiver to overcome the bar (you need to be able to prove how your then husband not living in the States is causing you extreme hardship). Whether or not it will be approved is another question as these are very difficult to overcome....it is best to invest in a good lawyer...not just any attorney...one who specifically practices in immigration law.
Heres a link to a discussion forum that focuses solely on waivers and administrative processing.
http://www.visajourney.com/forums/index.php?showforum=113
An overstay of 360+ days = a 10 year bar
Im not sure how it works though if your partner is actually deported....whether these bans would apply, or whether a life time bar would apply
If you marry, you would file the I-130....this would take approx 250 days (going by current processing times) to either be approved or denied. As your partner has such a long overstay, then this will be denied. Once you receive the denial, it is then possible to file a waiver to overcome the bar (you need to be able to prove how your then husband not living in the States is causing you extreme hardship). Whether or not it will be approved is another question as these are very difficult to overcome....it is best to invest in a good lawyer...not just any attorney...one who specifically practices in immigration law.
Heres a link to a discussion forum that focuses solely on waivers and administrative processing.
http://www.visajourney.com/forums/index.php?showforum=113
trialanderror83
Registered Users (C)
Move to NZ with him. He is looking atleast at a 10 year ban to come back. That is of course if he isn't banned forever from the U.S.
