What a mess ???

B

bph555

New Member
Any help is greatly appreciated. My brain is about to explode!!

Im a U.S. citizen, and my wife is from Argentina. We married in the U.S. on a long overstayed tourist visa just over two years ago.I also have a 7 year old stepson born in the U.S. We got threw the interview, got S.S.#, then filed for removal of conditional residence. All was good until a big fight which led to me blow up her whole case. I withdrew everything, and a letter to immigration spoke of a bad faith marriage etc.etc.. WHOOPS! Subsequently, the case was cancelled. She has since gone back to Argentina to be with family. Now the kicker- after much counseling and several trips to Argentina, we cant live without each other! What do we do? I-130, or I-130/129f(k3), will this need a I-601 for both because of the overstay? Basically starting over I assume. Please help............
 
Move to Argentina. She is at least under a 10 year bar, starting from the day she left because of the overstay. She might also be under a lifetime bar since you claimed a bad faith marriage (immigration fraud). You can try to find a good attorney, but this case looks pretty much hopeless.
 
That's a big "whoops" - sounds like you two may not belong together. Fighting like that is not conducive to a long-lasting marriage - are you sure you want to go through this again? IF so, find a good lawyer who may or may not be able to help you. It will be tough though as you claimed fraud against her. This may involve you admitting to the USCIS (A Fed. Government branch) that *you* lied and committed fraud when you claimed that *she* committed fraud. Or, maybe you could just state there was a misunderstanding between the two of you and you incorrectly thought she had committed fraud, but then now, after being in communication with her again are aware that in fact you were mistaken. But - what's your basis for now believing that she is not? You will have to prove big time it's not fraud! It's a sort of slippery slope. That's not so good either. Anyhow... if that doesn't work, move to Argentina. If you can't move there then... it sounds like you might need to find a new wife. Sorry.
 
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There were lots of other factors ommited from the thread for simplicity. Never assume you know everything. Does anyone know how to get around an angry spouse letter for a new case????
 
Its not the angry letter thats the problem here. Once you overstay and leave the US there is no way to get around the 10 year bar. Its the law. There are no tricks around it. In 10 years you can try a new application with a good lawyer and a lot of effort, maybe it works out. But for the next 10 years, there is absolutely nothing that can be done to get her to the US.
 
bph555 said:
Any help is greatly appreciated. My brain is about to explode!!

Im a U.S. citizen, and my wife is from Argentina. We married in the U.S. on a long overstayed tourist visa just over two years ago.I also have a 7 year old stepson born in the U.S. We got threw the interview, got S.S.#, then filed for removal of conditional residence. All was good until a big fight which led to me blow up her whole case. I withdrew everything, and a letter to immigration spoke of a bad faith marriage etc.etc.. WHOOPS! Subsequently, the case was cancelled. She has since gone back to Argentina to be with family. Now the kicker- after much counseling and several trips to Argentina, we cant live without each other! What do we do? I-130, or I-130/129f(k3), will this need a I-601 for both because of the overstay? Basically starting over I assume. Please help............
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If overstay was more than 180 days, you need to file I-601. The chance that I-601 getting approved is VERY slim in general as she has broken the immigration law big time, but you have no other choices.
 
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Would that mean I-130/120F k3-wait for denial at interview-file I-601at that time? Im aware this wont be easy, but any help is appreciated.
Just trying to have some idea before consultation with lawyers.
 
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