Overstayed F-1 visa...how difficult will it be to get visitor visa.

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WantToComeHome

Registered Users (C)
My same-sex partner (I'm a US citizen) came to the US on a student visa in 2001. In 2003 he transfered to another school and his F-1 visa was extended to June 2006. In the summer of 2004 he had some financial difficulties that delayed him paying tuition for his summer classes resulting in him getting a Failing grade for the classes. This dragged his otherwise respectable GPA down below the acceptable level for an F-1 student. Several months went by before his school informed him he had fallen out of status because of his GPA. He was able to bring his GPA back up to par in one semester (he had resolved his financial issues as well). He applied to get his visa reinstated but was denied and was instructed that he must leave the country. It took a few months to get ourselves organized so we could relocate back to his home country. We did so in August 2005.

It's been hell ever since because I was unable to get any type of long term visa in his home country so I travel back to the States a lot and we are now in a different country. We have to keep leaving and re-entering on visitor visas and have no real permanent home. (Hopefully that will be rectified soon).

Once we get settled and have permanent residency in a new country I'm wondering how difficult it will be for him to get a visitor visa to the US. It's been almost 4 years since he's seen any of my family or our friends in the States. We've come to terms with the fact that we'll never be able to live in the US but it would be nice to at least be able to visit as a couple. It's hard being away from all our friends and family.

Does the fact that he didn't overstay the original date (June 2006) of his F-1 visa have any importance?

Any advice?
 
Your posting makes no sense.

Why can't he come back - you haven't stated why.

Nothing makes sense - if he did nothing illegally then there are many ways he could come back.
 
simsd said:
Your posting makes no sense.

Why can't he come back - you haven't stated why.

Nothing makes sense - if he did nothing illegally then there are many ways he could come back.
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We waited a few months after he was instructed to leave before we actually left the country. So he was technically in the country illegally at this point. Won't this make it harder for him to get a visitor visa?
 
Not necessarily. All of this is predicated on FEAR -

False Evidence Appearing Real -

Get some real advice! and stop driving yourself nuts - unless there is something else you aren't telling us.
 
simsd said:
Not necessarily. All of this is predicated on FEAR -

False Evidence Appearing Real -

Get some real advice! and stop driving yourself nuts - unless there is something else you aren't telling us.
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Nope... not hiding anything.

I was attempting to get "real advice" from this forum. I guess it's not the right place?
 
Best advice - spend $250-300 for a real immigration lawyer's advice.

One other thought is depending on the country he is from, find a lawyer who is familiar with bringing people in from that country.
 
I suspect in the worst case he accumulated >180 days of illegal presence before leaving the US, so the 3-year bar kicked in when he left. That's probably expired by now.
 
simsd,
Thanks for the input. For now we're going to wait until we get established somewhere legally before we attempt to get a visitor visa for him. Seeing that he has no formal residence in his home country and no current job (we are currently living under visitor visas in the country we live in now so we can't work here) there's no way they will give him a visitor visa.

I just hope the Uniting America's Families Act is passed sometime soon but doubt the U.S. will ever become progressive enough to extend immigration rights to same-sex couples.
 
So you are not in his home country then. Ya, that sort of makes things a bit tricky.

If what The Real Canadian is saying is correct, about the 180 overstay, then yes the ban is probably over by now.

Your real dilemma is his lack of a home country without any ties. I assume your problem is that he would have to go to a U.S. Embassy in whatever country you are in in order to get a visa.

Can't he go back to his home country to at least just get a visa and show his residence as his family's house?

I really think if you have a few hundred bucks you should get the real legal advice. I think you might be surprised at what you can do.

And, yes I hope the Act is also passed for your sake.
 
No... we are no longer in his home country as I was unable to get a visa to stay there.

In another year or so we should be settled in a new country with a legal residence status for both of us. Once that happens I think he will have a much better chance at getting a visitor visa.

Thanks again everyone for the encouraging words.
 
Somewhat of the same problem - but the reverse situation for you.

I would strongly suggest the lawyer consultation before you go through the whole process of establishing a residence somewhere else. That has to cost a lot more than the $ 200 to $ 300.

You may find yourself spending a lot of money and wasting a lot of time for no reason at all. You may get a pleasant surprise.
 
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