Deborah

To make a long story short, my husband (who is from Canada) and I
married in October of 2002. He needed to go back to canada in order
to get his meds as my insurance here didn't cover him because he
didn't have a SSN yet (we didn't get his forms filled out and sent in)
We are told that he won't be allowed to come back to the states for
10 years as he overstayed. We have a 7 1/2 month old baby girl that
he hasnt seen in 5 months. Can someone please tell me what I/we need
to do in order for him to be able to come back into the states to live
and help support our family and so he can see our child again? Any
information is greatly appreciated. Thanks, Deborah

dave w

I guess you could move to Canada. You will probably have to get an attorney to see what you might be able to do.

CalgaryAMC

This is an absolute mess. I feel for you Deborah, I really do. Can you afford a lawyer?


dave w: it's not as though you can just walz into Canada either - believe it or not, they have rules too...and the process is slow.

AlisonPA

What have you been doing for 5 months since he's been gone? Haven't you actually asked anyone before now? You say "we were told he won't be allowed back in". Who told you? Perhaps you should have asked them what to do. You need a K-3 visa. Go to BCIS website and check it out. Also I am covered on my husband's medical insurance even without an SSN.

Pauljarv

Christ there are some pretty self righteous responses to this message! Have some sympathy after all you must realise what a painful process immigration is!

An attorney is definitely the way to go. In fact it's pretty much the only way to go sorry I can help any more, good luck I'm sure they won't keep you apart too long.

Susanna

I too feel sorry for you.
But I am sure that there is some kind of removal or waiver from so that you can apply for a K3 which Alisonp already stated.

Reckon someone on here will know the form you need to fill?

Good luck

whistlestop01

I wish I could help. I wonder why it has taken 5 months to do any investigation or take any action on it tho???

CaliforniaBride

It does seem that you need some qualified advice from an attorney.

You may want to investigate K3 visas though.

This link may be a good start for information:

http://uscis.gov/graphics/howdoi/spouselive.htm

Best wishes to you in what must be a painful situation.

CB

CalgaryAMC

Deborah, can you be a bit more specific? Has he been out of the country for 5 months? How long was his overstay, when was his overstay, what kind of visa did he overstay on? Who told him he can't come back? (was he refused entry?)

Lost2003

Hi,
If your husband is subject to the 10 yr bar, he is provably eligible for and I-601 hardship waiver. You will provably have to go the K-3 route and be prepared to file the waiver at the interview. It is not an easy waiver to get, but I have seen many approvals on this website as well as on others. You will have to do a lot of research and, although and attorney may be the best way to go, I have heard of approvals without the use of them. If you want more info, PM me.

CaliforniaBride

Some helpful information there. Nice to see.

CB

supernav

10 years? wow. He must've volunteered some pretty incriminating evidence at the POE to get slapped with that.

US Immigration, albiet may seem like a trip to the DMV for constant Canadian travellers -- is still a pretty serious agency.

He'll need to get a lawyer and file for a waiver. Don't get your hopes up too high on that one though. It goes through a service center, and those things take years. Don't know what else to say.

-= nav =-

Deborah

CalgaryAMC <member18489@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by Deborah
    > > To make a long story
    > short, my husband (who is from Canada) and I
    > > married in October of
    > 2002. He needed to go back to canada in order
    > > to get his meds as my
    > insurance here didn't cover him because he
    > > didn't have a SSN yet (we
    > didn't get his forms filled out and sent in)
    > > We are told that he
    > won't be allowed to come back to the states for
    > > 10 years as he
    > overstayed. We have a 7 1/2 month old baby girl that
    > > he hasnt seen in
    > 5 months. Can someone please tell me what I/we need
    > > to do in order
    > for him to be able to come back into the states to live
    > > and help
    > support our family and so he can see our child again? Any
    > > information
    > is greatly appreciated. Thanks, Deborah
    >
    >
    > Deborah, can you be
    > a bit more specific? Has he been out of the country for 5 months? How
    > long was his overstay, when was his overstay, what kind of visa did he
    > overstay on? Who told him he can't come back? (was he refused entry?)
He went home end of august last year just before labor day. He came
here in June of 2002. Being as he is from canada, he didn't need an
actual visa, he was stopped at the border and asked why he was coming,
where he was going, etc and allowed to cross back in June 2002.
Someone from another web forum told us he would be denied coming back
as he overstayed and because we are married and he doesn't have his
visas yet. We were told on that post that when you are married to a
US citizen (me) and go back to the country where you are from and
don't have your visas, that you aren't allowed to come back to the US
until you a) either have filed for your visas, or b) file for what
some have said on here called the K-3 I believee. So he wasn't
refused entry as he hasn't tried to cross and doesn't want to lie to
get here because if they found out, and they probably would, he would
be denied from ever coming to the US. Hope that help clear up some of
your questions Debi

Mrtravelkay

Deborah wrote:

    >
    > He went home end of august last year just before labor day. He came
    > here in June of 2002. Being as he is from canada, he didn't need an
    > actual visa, he was stopped at the border and asked why he was coming,
    > where he was going, etc and allowed to cross back in June 2002.
    > Someone from another web forum told us he would be denied coming back
    > as he overstayed and because we are married and he doesn't have his
    > visas yet. We were told on that post that when you are married to a
    > US citizen (me) and go back to the country where you are from and
    > don't have your visas, that you aren't allowed to come back to the US
    > until you a) either have filed for your visas, or b) file for what
    > some have said on here called the K-3 I believee. So he wasn't
    > refused entry as he hasn't tried to cross and doesn't want to lie to
    > get here because if they found out, and they probably would, he would
    > be denied from ever coming to the US. Hope that help clear up some of
    > your questions

Not entirely correct. He is permitted to cross if he can prove to the
inspector that he will return to Canada. However, if they find out he
has a wife in the US, they might deny him entry. However, as long as he
is truthful, he is not going to be "denied from ever coming to the US".
It is perfectly legal for him to live in Canada and visit the US.. He
isn't breaking the law by attempting an entry to visit the US.

lairdside

It's also possible that as a Canadian who entered with - I don't know the "correct" term but how about "virtual B-2 visa?" with no I-94 that he is a similar situation to someone with a D/S stamp on their I-94 and may not be subject to the 3/10 year bar because despite the overstay it is possible that he may not have any or enough unlawful presence and may not need the I-601 waiver.

Speak to an attorney to assess your husband's case.