Adalin

Last year, I met a man from England that I fell in love with, and married him here in the US back in June. Immediately after getting married we filed all papers we thought to be needed for his immigration to be able to work here, while I wasn't able to support the both of us. Unfortunately we were not able to get them post marked by the time the fees increased, so they were obviously denied. Since then, a problem came up regarding my prior relationship that went bad resulting in me having to be on probation for 2 years starting this September preventing me from going abroad, so we lived with my parents waiting to find out what would happen with the mess I got myself into several years ago. Meanwhile, a personal matter came up in the UK that required my husband to return to his family. So now he's in the UK, I'm in the US (unable to travel myself) and has overstayed his 90-day visa by just under a year with no way back and the 3 or 10 year ban.

So at this point, I'm not sure what direction to start looking towards. Does anyone know if there is some kind of waiver or extension or visa or anything my husband can get in the UK to be able to get back into the US? Once here, my parents are prepared to let him borrow any money needed to get his papers done and support him and me if needed for a while. If not, and we need to be apart for several years does anyone have any suggestions on what I should do from the US or he should do from the UK to be able to get back to the US either on a visa or anything?

I feel so flabbergasted on everything I've read on the US embassy and USCIS websites, I'm not sure what to do. If anyone has input, please reply, and thank you.

Tracym

Did he overstay for more than a year or not? I believe that determines if it is a 3 or 10 year ban.

You will now have to apply for him to come over as your spouse. Which I presume will be denied since there is a ban. There probably is the possibility of a waiver of ineligibility which would then allow him to come over. But I think you need a lawyer experienced in this - doesn't sound like a do-it-yourself project to me.

Just for anyone else in a similar situation, but still in the US - It is very unfortunate that he left the country - this wouldn't have been a problem if he had left the country - overstays are forgiven when adjusting status.

Noorah101

1. Find out for sure how long his overstay was, so you know what ban he is facing.

2. Start calling around and hire a good immigration attorney to help you with filing an I-130 for your husband's immigrant visa.

3. It takes about 8 to 10 months for that to process, so yes, you will have a period of separation.

4. The visa will be denied because of the overstay. This is where the lawyer will have a waiver prepared, if you qualify for one.

5. You'll spend another amount of time (maybe a few months?) while the waiver is being decided on at the embassy.

6. If the visa is granted, your husband can come to the USA using his Immigrant Visa, and all will be well.

7. If the waiver is denied, the lawyer will have to advise you on what your next steps and options might be.

Best Wishes,
Rene

Adalin

Thank you both for your responses.

My husband came over to the US on May 26, 2007 and left just last weekend on July 19, 2008 if that is of any further help.

During this process its opened my eyes to understand why there are so many illegal immigrants in the US nowadays, and rather than feeling angry at them, I almost feel sorry for them because of all the bullshit one needs to go thru to simply become a citizen. It's so ridiculous

meauxna

Your husband didn't show you the thread he had here that listed some options?

Ray

Hardly bullshit .. you chose to not follow the system like 1000s do
sucessfully every year ...

Adalin

He did, I just hoped someone else that missed that thread might see this one and have more input.

I asked for suggestions and help, not criticism.

Ray

Well actually you didn't
you said: If anyone has input, please reply
I did ....

meauxna

OK, just to save people writing the same comments out twice.

As for the other, well, you both have deflected it to causes outside yourselves. Life happens etc, but it wasn't the system that messed it up for you, and that isn't the reason we have illegals in the US.
Your husband did have a method for immigrating legally, most of the 12(x) million don't.

Adalin

So sorry I bothered looking for help on an adult forum when I get flack from someone. Theres no reason for it at all.

For those that helped, thank you, those that didnt, I hope your ego grew bigger.

I wont be back simply because of the rudeness from Ray. Thanks anyway

meauxna

lol, Ray has underpants older than you, A, don't let it get to you.
Among the chaff there's always a nugget or two of something worthwhile.