Overstayed Italian citizen married to a US citizen

M

Manuela1980

New Member
Hi, I am an Italian citizen, who lived and worked in the USA for 5+ years, on a tourist visa, I overstayed for 2+ years, I have a social security linked to a fake A number, but paid taxes. I tried to return in 2009 for vacation but was refused entry due to overstay. I now live in UK and married to my husband, US citizen who also lives in UK, we have filed a petition that has been approved for the Spouse visa, and sent AOS and we are waiting to fill the DS-230. Since I overstayed in the past and also worked without a permit in the USA, now things are complicated, how is this going to affect the Spouse visa process? I welcome any professional advise.

Best wishes,
 
Manuela1980 said:
Hi, I am an Italian citizen, who lived and worked in the USA for 5+ years, on a tourist visa, I overstayed for 2+ years, I have a social security linked to a fake A number, but paid taxes. I tried to return in 2009 for vacation but was refused entry due to overstay. I now live in UK and married to my husband, US citizen who also lives in UK, we have filed a petition that has been approved for the Spouse visa, and sent AOS and we are waiting to fill the DS-230. Since I overstayed in the past and also worked without a permit in the USA, now things are complicated, how is this going to affect the Spouse visa process? I welcome any professional advise.

Best wishes,
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It looks like you are subject to a 10 year bar to re-entry. How much of that period has already been served abroad? You appear to have a weak case for any waiver since you and your USC spouse reside abroad.
 
No, I haven't filed my visa application yet. I have I130 approved and AOS but DS-230's questions made me worried. I am not sure about disclosing everthing. Some lawyers I consulted told me not to mention everything. I really need a pro help here!
 
Manuela1980 said:
No, I haven't filed my visa application yet. I have I130 approved and AOS but DS-230's questions made me worried. I am not sure about disclosing everthing. Some lawyers I consulted told me not to mention everything. I really need a pro help here!
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AOS in immigration parlance means adjustment of status and it is done inside the U.S. by filing a form I-485 with USCIS. You may confuse others in your posts.
 
Manuela1980 said:
I am sorry I meant Affidavit of support. next, I will need to fill out form ds-230. I am sorry for the confusion.
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For immigrant visas it is a form I-864.

Stay away from such a SLEAZY LAWYER who actually told you to make false statements through concealing information.

Report that jerk using form EOIR-44 on the eoir website.
 
Thank you BigJoe5,

I know my visa application will be denied and I will need to file a waiver. How hard to get this waiver approved? I know everybody has a unique case but I would like to get a lawyer who already done this before and knows what he/she is doing... They also told me that my husband is living with me in the UK and this will be against to our case. The lawyer I've spoken sounded very incompetent and made me really worried about my case.

Also, I filed I-864 already, the affidavit of support, the visa processing center told me that they've received it. Next, it will be DS-230 which I will tell them everything and medical examination.

Do you think I will need a lawyer at this point?
 
Manuela1980 said:
Thank you BigJoe5,

I know my visa application will be denied and I will need to file a waiver. How hard to get this waiver approved? I know everybody has a unique case but I would like to get a lawyer who already done this before and knows what he/she is doing... They also told me that my husband is living with me in the UK and this will be against to our case. The lawyer I've spoken sounded very incompetent and made me really worried about my case.

Also, I filed I-864 already, the affidavit of support, the visa processing center told me that they've received it. Next, it will be DS-230 which I will tell them everything and medical examination.

Do you think I will need a lawyer at this point?
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The waiver is form I-601 and it is required that your show extreme and unusual hardship to a qualifying USC or LPR relative who would be adversely effected by your having to wait abroad. You and your USC spouse already reside abroad, what is the hardship? How long is left to the bar being lifted through the passage of time?
 
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