My longtime boyfriend left for Colombia July 2006. Shortly thereafter I learned I was pregnant, and he has been trying to return to the US ever since. Unfortunately, he was told that he can not return to the US because he has a visa violation, by not renewing his visa in time. Right now, according to the colombian authorities, even if we get married, he will not be allowed to re enter the US for at least 10 years. This is very discouraging news, especally considering we noow have a bqeauiful baby girl together. Is this information accurate? Any insight would be helpful.
2007-03-16 18:59:14 · 14 answers · asked by mayasmama2707 2 in Politics & Government ➔ Immigration
The best way in this circumstance is for you to file a petition then fly there and marry there. 90% of the time, they will let your spouse return with you if you show you are legally married...
2007-03-19 15:10:01 · answer #1 · answered by BeachBum 7 · 0⤊ 0⤋
If your boyfriend overstayed his visa for one year or more, the Colombian authorities are correct; he is subject to a 10 year bar to re-enter the US.
Your only option (besides waiting 10 years) is to go to Colombia and marry him, and then he can apply for a waiver to enter the US. Unfortunately, this waiver is very difficult to obtain because it requires showing that his not being in the US results in an extreme hardship to you. "Extreme hardship" under the law is more than the simple separation of the family unit. It usually requires that you or your daughter have some sort of medical condition.
Good luck!!
2007-03-17 09:18:14 · answer #2 · answered by duh 2 · 2⤊ 0⤋
Since your boyfriend apparently overstayed illegally in the US, he is indeed inadmissible for ten years. (By the way, this is US, not Colombian, law) You can petition for him as your fiance (file form I-129F), or you can marry him and petition for him as your spouse (I-130). If the relationship is genuine, the petition will be approved but the visa still cannot be issued because he is inadmissible under the Immigration and Nationality Act, section 212a9b2. You and he can then file an I-601 request for a waiver of his inadmissibility. Unfortunately, even if you do all this it is extremely unlikely the waiver will be granted and the visa issued, since you did not marry until he was already inadmissible. Very sorry, but if you want him you will probably have to go to Colombia (beautiful country, fabulous food).
2007-03-17 03:49:39 · answer #3 · answered by dognhorsemom 7 · 6⤊ 0⤋
Good luck, but I think you really will have to wait that 10 years. Maybe you can go to Colombia to be with him. If you really love him, that may be the only way you can be together right now.
2007-03-17 05:28:46 · answer #4 · answered by Daisy 6 · 4⤊ 0⤋
The only way to do it legally is thru the immigration process. Because of his violation - he isn't going to be back here any time soon.
My suggestion - why not go live with him in HIS country if being together both of yours biggest concern?
2007-03-17 10:19:41 · answer #5 · answered by Toe the line 6 · 1⤊ 0⤋
Maya's Mama,
I'll bet she's adoreable! Congratulations!
Here's what I would do. Find a qualified paralegal near your home (you might have to dig a little - yellow pages are not a good source, small town attorneys will direct you more readily to a good one). Ask her/him where to start digging in relation to all laws that pertain to your situation. Believe me, my wife and I do this all the time and it saves a bundle on attorney's fees.
After going blind a few dozen times, the laws will start to make sense. You might want to stay close to your computer to look up legal definitions online. But you'll get there.
Keep in contact with dad in Columbia and keep the information current (by the way, you want to be absolutely SURE that the overstay is his only offense - if he beat up a supreme court justice and stole his panty hose, forget it...HAR!)
Keep your cool and keep on the books. You'll find more than you need to know and, more importantly, when you come on this site, you'll have invaluable information to share.
Cases like this hurt. I helped my wife immigrated from Asia and it was so easy then (late nineties - just before 9/11). Things are a lot tougher now and with all the security measures in place, we need a major overhaul for LEGAL folks like yourself (I realize he overstayed his visa and that's illegal - I overstayed mine in a foreign country because I misunderstood what they told me; nobody shot me for it...and while I was overstaying my visa, I became fluent in Chinese, the local language...so...hooray for me!)
Good luck and keep us posted.
2007-03-17 03:03:36 · answer #6 · answered by Anonymous · 0⤊ 3⤋
That's right. Overstays of up to six months are banned from reentry for 5 years. Overstays of a year or more are banned from reentry for 10 years.
If you've got a big pot of money you can hire an immigration attorney and try to appeal his ban. There's no guarantee you'll win.
Have him petition you and move to Columbia to be with him.
2007-03-17 02:12:55 · answer #7 · answered by Yak Rider 7 · 5⤊ 1⤋
"Right now, according to the colombian authorities, even if we get married, he will not be allowed to re enter the US for at least 10 years."
I don't think this is right. I think there is no law that will separate people from living with each other.
I've a friend who used to overstayed in the US for 3 yrs. She came back to Thailand and get married here in Thailand with her American man.
They then filed for Spouses visa and she now got the visa already.
Your boyfriend didn't kill anybody, he was just overstayed. I think you might need to go to his country and get married. Then you come back and apply K-3 or spouses visa for him.
2007-03-17 02:39:09 · answer #8 · answered by anongnatkaiyasit 1 · 0⤊ 7⤋
Cannot you go to his place?? Go dear he will be extremely happy and satisfied to see u.
2007-03-17 02:03:42 · answer #9 · answered by Sohil D. Pandya 1 · 4⤊ 1⤋
Hate to be a negative Nancy buut... you sure yur boyfriend isn't full of it?
2007-03-17 02:07:51 · answer #10 · answered by Anonymous · 6⤊ 2⤋