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Mess with visa overstays

Travel Forums Europe Mess with visa overstays

1. Posted by kitten69 (Budding Member 3 posts) 6y

In Dec. 2001 my now husband came to the united states from the netherlands. We were married in 2002, we lived together in the states until oct. 2007. He overstayed 6 years. We moved to the Netherlands, in Oct. 2007, we have been here just over 2 years, with my son. So my son and I have over stayed here, I was able to be legal (but didnt have the money yet) my son can not be legal.

Does anyone know how my son can become legal?

Does anyone know if we decide to return to the states can my husband go back?

I feel like a person without a home. I wont leave without him, so I will be over staying longer.

But if there is a way my son can stay, we would work it out.

We all want to be together.

Help me Please Please Please.:(

2. Posted by lil_lil (Travel Guru 462 posts) 6y

I can't help but feeling there's more to this.

Are you US citizen to start with? If so, why didn't your husband get a spousal visa once you were married? Had that been done, then there would have been any issue of overstaying.

And is your husband a citizen of Netherlands? If so, you would have been allowed to get a spousal visa when you moved to the Netherlands. Is your son an offspring with your husband or another partner? If it's your husband's, then he would have legally have rights to obtain a Dutch citizenship if I'm correct. If not, then your husband could have started on a proceeding to adopt him legally.

Whatever the situation is, this sounds more like illegal immigration as opposed to simple case of overstaying, and I suggest getting a good immigration law solicitor to help you with your case.

3. Posted by kitten69 (Budding Member 3 posts) 6y

We tried to get my husband legal, but I did not make enough money to meet the requirements. Nor did we have the money to file the papers.

So after five years of hoping to come up with the money, we picked up and moved to the netherlands.

Here we went in to file the papers for me to stay, but my husband had to have a 1 year work contract. OK, he got one, and started working, after working we had the money to get my papers filed, but now he does not have a year contract because he worked two months, so according to them he only has the promise of 10 months. So we have to wait until he renews the contract. When the time came we did have the money.. crap it all comes down to money.

My son is 25, he is my son.

We are just stupid I guess.

I want to live with my husband and my son. I dont really care where we live as long as it is together.

4. Posted by lil_lil (Travel Guru 462 posts) 6y

It's not stupid, just sometimes bad timing, less than ideal decision, money issues, tightening of immigration laws, there's a lot of factors that can put someone into quandary.

I really don't know who around here could help you further. You should consult a solicitor and I know they don't come cheap, unless there's someone who can take your case pro-bono. With your son being an adult, you can't claim that he's your dependent per se (like a minor would). I'm also not familiar with Dutch law to say anything else either.

Best of luck, and maybe someone will come along with some information.

In the mean time, an alternative could be for your son to enrol in a course of study that'll get him a student visa? That'll be a temporary fix of course, but it'll buy you some time. However, if he has been living in Netherlands all this time without proper documentations, the student visa application may also be rejected. Just something to bear in mind.

5. Posted by kitten69 (Budding Member 3 posts) 6y

Thank you for taking the time to help me. Cant help that we fell in love, and started out from different parts of the world. All we want to do is be together and no one will let us.

Thank you again

6. Posted by bentivogli (Travel Guru 2398 posts) 6y

Can someone please move this thread to the Europe forum?

And can the original poster please try to make clear what her query is? It's not even clear to me where she intends to reside: US or the Netherlands. It would help if she read the stickied post on top of the Europe forum first. thanks.