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Overstaying then getting a CR-1 Visa


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bahalina buong

I've got a buddy of mine here that claims to have overstayed for more than 2 years.  His reasoning was that he plans to die here (he's in his 70's) and no longer has ANY ties to the US, so he's just wasting his money with stamps and visa runs.  Well, now this dingdong has knocked up his girlfriend (or at least someone has) and he's hell bent on marrying her and getting his kid to the US.  I suggested a DNA test or at least a P.I. before he does anything else, but he's more concerned with the visa issues.  He knows he has to come clean with B.O.I., but then what? Is he screwed with US immigration due to his overstaying?  Any suggestions or advice I can pass on to him?

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Paul

PROBABLY, he can go to the BI (not BOI, as that is a different office) and sort out his overstay fees. (I was an over staying alien in 2006 and paid all my fees up to get sorted out.) He needs to take his passport, an estimated amount of money that he is due, and a Filipino he trusts (he will choose his g/f, regardless).

 

The more important issue here is, he WILL be required to get a DNA test, proving the baby is his. The US Embassy will insist on this. If you want to find out if she was cheating on him, just let her know that as well, direct, and to the point, as though you are an authority on the issue.

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shadow

I've got a buddy of mine here that claims to have overstayed for more than 2 years.  His reasoning was that he plans to die here (he's in his 70's) and no longer has ANY ties to the US, so he's just wasting his money with stamps and visa runs.  Well, now this dingdong has knocked up his girlfriend (or at least someone has) and he's hell bent on marrying her and getting his kid to the US.  I suggested a DNA test or at least a P.I. before he does anything else, but he's more concerned with the visa issues.  He knows he has to come clean with B.O.I., but then what? Is he screwed with US immigration due to his overstaying?  Any suggestions or advice I can pass on to him?

His status with Philippine immigration has absolutely no bearing on petitioning his GF for a US visa. As long as he meets the income guidelines, and she has no issues with NBI, NSO, or the medical, there is no problem.

 

We do both US visas and PI work, and at times a combination of the two!

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smokey

I've got a buddy of mine here that claims to have overstayed for more than 2 years.  His reasoning was that he plans to die here (he's in his 70's) and no longer has ANY ties to the US, so he's just wasting his money with stamps and visa runs.  Well, now this dingdong has knocked up his girlfriend (or at least someone has) and he's hell bent on marrying her and getting his kid to the US.  I suggested a DNA test or at least a P.I. before he does anything else, but he's more concerned with the visa issues.  He knows he has to come clean with B.O.I., but then what? Is he screwed with US immigration due to his overstaying?  Any suggestions or advice I can pass on to him?

they are not going to deport him unless a women runs in first and screams... the so called big guy in the other thread will help ask tim for his name   USMC 

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USMC-Retired

I am in Singapore but I can give you the 100% low down on being overstay and applting for a visa when I return.  Yet shadow hit it some what correct it matters nothing for visa unless DCF or CRBA.  Then you must get current.  If what to know fees PM me. 

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SkyMan

Any suggestions or advice I can pass on to him?

The most important would be to wear a condom.  Oooooooopsss too late. 

 

Question though, I don't know how pregnant she is.  And I don't think I really should be asking this but.... Would he be able to get a DCF spousal and get her there before the birth?

Edited by SkyMan
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shadow

The most important would be to wear a condom.  Oooooooopsss too late. 

 

Question though, I don't know how pregnant she is.  And I don't think I really should be asking this but.... Would he be able to get a DCF spousal and get her there before the birth?

That is a good suggestion. Our DCF spousal filings are now consistently running 10-15 weeks.

 

Tim mentioned there may be a problem with DCF and overstay, but we have a client in that position now whose wife is nearing interview, and no problems yet. He is currently working on the situation but it is doubtful he will have straightened out in time for her interview. When they filed they asked him about his overstay problem, he just said he was working on it, and they let him file without further ado.

 

One thing that is consistent with the embassy though is inconsistency...

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shadow

it matters nothing for visa unless DCF or CRBA.  Then you must get current.  

Ok, further reflection has me wondering about this statement. How and why would  the personal immigration status of a US citizen matter for CRBA? One does not lose US citizenship if overstaying in another country? 

 

Sorry, I don't believe this for a minute. In fact, I know someone who did the CRBA for TWO children while overstayed.

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USMC-Retired

I contacted Embassy on on both the DCF and CRBA in regard to being an overstay and filing.  

 

DCFand CRBA there is a statement must be a resident in good standing or something to that affect.   Now you can read that as a US citizen in good standing or resident of the Philippines in good standing.   Since it is not very clear and you are using an Embassy in the PH.  As Shadow points out nothing is written in stone and because it works for A does not mean B it will also.  So you leave nothing to chance.  To me that was a chance so I took care of the issue before it was an issue.  Now I can easily move on next week to CRBA and then two weeks following that my wife's DCF.    

 

They also require pages from your passport and the to from dates.  So when you fill out the from date and do not have supporting documents that you are acting in a legal manner in a foreign country.  This all will not bode well for you.  Yet do as you want, reading and contacting the Embassy it was clear that less flags and questions will be raised. If you are being LEGAL and doing thing things in accordance with LOCAL LAWS prior to asking the US to grant someone rights to the US. There is nothing that says if you are an overstay you can not apply nor that it will be denied.   The question is do you think it is wise to advertise you broke the legal requirements in a country and then request to bring someone to the US?    


As for overstaying it is painless and BOI is a first class operation here in Cebu.  Just go to BOI and in my case it was cut and dry.  It revolved around my document nightmare and they were very understanding. Yet I had a lot of supporting documents and denied 13a application.   There are two fees that are at the discretion of the director.  The first fee is motion to reconsider which he can charge each month of over stay at 500 pesos or just once.  Then there is a fine of 5000 pesos for each year of overstay which he can additionally charge.  So depending on your situation and attitude will dictate the amount you pay.  Again I could have used a fixer and someone agreed to help.  Yet another chance not willing to take.    

Edited by USMC-Retired
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bahalina buong

Thanks for the feedback, everyone.  Much appreciated!

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Brucewayne

His status with Philippine immigration has absolutely no bearing on petitioning his GF for a US visa. As long as he meets the income guidelines, and she has no issues with NBI, NSO, or the medical, there is no problem.

 

We do both US visas and PI work, and at times a combination of the two!

 

True, the immigration process considers "her" viability as an immigrant, not his over sites as an immigrant in a different country.

As long as he can get home and support her, there should be no problem for her, but his problems might just be beginning.

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USMC-Retired

I was at the cousulate today in Cebu. John is on vacation so there is a crew from Manila here. I asked about this very topic. The official response was it depends. They rattled off a few things however policy line is does not matter. I take it as who ever gets your paper work could kick it back or alllow it. If your paper work is lacking it could be the nail the kicks it back. However CR1 are not done in Manila but the US so a whole diffrent ball of whacks.

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shadow

I was at the cousulate today in Cebu. John is on vacation so there is a crew from Manila here. I asked about this very topic. The official response was it depends. They rattled off a few things however policy line is does not matter. I take it as who ever gets your paper work could kick it back or alllow it. If your paper work is lacking it could be the nail the kicks it back. However CR1 are not done in Manila but the US so a whole diffrent ball of whacks.

In the case of DCF, CR1/IR1 is done entirely at the embassy, it never goes to the US. If it went to the US, processing time would be 10-12 months just like filing stateside, instead of 2-4 months which is normal for DCF filings.

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USMC-Retired

Ah I thpught K1 and Cr1 went stateside and only IR1 stayed here.

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shadow

Ah I thpught K1 and Cr1 went stateside and only IR1 stayed here.

K1 goes stateside, IR1 and CR1 are processed identically until port of entry.

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