infotec28

A little bit slow and no answers in the US Visa forum, so since this is marriage based I am going to post it in this forum if thats' ok.

Hi,

My wife has lost her ability to re-enter the US via a visa waiver because while we resided in the United States she overstayed.

Now it "appears" that I *might* have a job opportunity in the United States. If this is the case and I do decide to leave her behind temporarily to re-establish ourselves I would like to know what other visa types would be available for her and our newborn to come see/live with me temporarily until our application process (via I-130) with the DHS in London is complete.

In talking to the consulate in Edinburgh, they specified that there were several options available and that London is very understanding in regards to the situation.

Could you verify this? and further to this indicate what the options might be (if any?)

Thanks


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Rete

You have been advised of her and your options several times:

1. I-130 through the US Consulate in London

2. Iif you return without her, I-130 through the Texas Service Center (if you relocate in Florida) with an I-129F filed at the Chicago address on the form for an eventual K-3

There are the only two options available to your wife to return to the US to live.

In both cases, she will have to interview at the US Consulate in London, and in either case she might well have to apply for a waiver for inadmissibility because of her long overstay.

There are magic roads for you to take. You are an educated person so I am assuming you don't have a problem with comprehending those facts. You have the facts now you have to decide which avenue you want to take.

and once again, your child will NOT require a visa if you register the birth with the US Consulate and obtain a US passport for him/her.

infotec28

Ok,

I know about my child etc. but if this was the only way, then why would someone at the consulate tell me that there is another way. I have also been told that there are other ways to re-enter the US temporarily and legally even if there is an overstay on a visa waiver by other members of this forum. This is why I am asking again. My wife and child are great people. If this job goes through, I would have to think twice about leaving them behind for 6 months. I understand that what you said is definitely facts, but I am not so sure that this is the "end all" based on what I have been told.

Thanks

Ray

Oh God!!! How I am biting my lip!!!!

infotec28

Please do, your breath stinks like horse$hit!

Ranjini

A tourist visa may have been the other alternative. But with a pending I-130 I don't know how successful she would be...

infotec28

That might have very well been it Ranjini, I will look around and post the result (if any) The I-130 is not pending yet though. Two days ago I sent the DHS in London a recorded delivery asking them if in fact a waiver for overstay needed to be filed in this specific instance. I am probably going to wait on this and then send the I-130 over. I would bet that this would take ages for them to answer, but probably better off seeing they are going to say first, Thanks again.

Ranjini

You know what, Infotec? With all these complications you could possibly do better consulting a lawyer to speed things up. You don't have to retain one. Maybe a one-time consultation? But if you aren't in a hurry you might want wait and see what they say about the waiver...

Rete

Well she certainly would not receive a B-2 tourist visa for the simple matter of the overstay and the fact that she has shown past immigration intent and future immigration intent.

The only way to temporarily visit the US is as a visitor on holiday. She is and will be neither of those things in the eyes of those in power because of her past history.

With all due kindness, perhaps you ought to think less in the I must have it all now and more in the a sacrifice now means a lifetime of happiness. What is 6 months?

And perhaps you might want to think about the fact that the US Consulate in Edinberg, which does not btw issue immigration visas, might only be trying to brush you off.

Rete

PS Contrary to Ranjini blurb about an I-130 pending, that would not be the sole issue in your wife's tourist visa quest....again the ugly issue of overstay will be front and center. You don't get second chances to dupe the USCIS or the DOS.

infotec28

I would love to but don't have the money for that right now....for a free consulation well then sure.

I am in a relative hurry though.

I still can't figure out why I was told by the consulate over the phone that there is another type of visa that they would quickly give us since we are married and have a child together in lieu of the visa waiver.

I am going to find out though.

Seems that any posts that I have seen on here prior in regards to such are mistaken. I have little to go on, but if there is a way I am going to find it Ranjini.

Thanks

Ranjini

Good luck, my dear. Remember, where there is a will there is a way...

infotec28

Well we are of course thinking about the sacrifice, but any intelligent person would try and think outside of that box and try and find another way. I'd hate to be away from my family only to find out 4 months later that there was a better way to do it. We are willing to do it potentially of course.

The Consulate in Edinburgh does not deal with visas, but in no way were they trying to brush me off. In fact I was talking to them on the phone about an entirely different issue when this just popped up.

Maybe there is no alternative, but I am going to find that out with certainity.

If there is any other way at all, it is going to get done.

Thanks for your advice, and you are probably right, but no harm in looking at everything from every angle.

infotec28

Thank you so much, and I don't mean to discredit anyone here, that is not my point. It is important to us to know that we did our best.

Ranjini

Understood Take care...

Rete

Unfortunately that seems to be an ongoing state of affairs in your household regardless of which continent you reside on. Do hope that the future holds better things in store for you all.


You called the US Consulate in Edinburg and paid god knows how much per minute to do so and you didn't ask for particulars? Infotech, you have to learn to stop doing things half arsed. Write down everything you need to know and everything you have to ask and then do your research.

There are two ways and neither of them are expedient. Every day you procrasinate is another day lost.

I will now once again bow out of your trials and tribulations and leave you to the sympathic arms of Ranjini.

Rete