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Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

I had my interview June 5th in London, my husband had an email a couple of days ago to say I am ineligible for a visa due to overstaying visitor's visa in 2005/2006, even though I applied to adjust status, checked with an officer at the immigration place that we were allowed to do it, he said yes as long as I started the process before my 3 month visa expired. We gave up on the visa at that time as would have had to sell my UK flat from the US within 90 days to secure enough funds. Anyway I am waiting (here in UK) for a letter of instruction on how to apply for a waiver and have to get a further interview. Has anyone any experience of this, and how long it takes? I presume it will be costly and time consuming. My husband has now moved back here to be with me as we were apart too long and now we are wondering if this was a wise move as he has given up his US work and address, so how do we ever get back there?

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

UK waivers seem to take about 3 months (??)from my recollection. They actually have a link about it on their website. Though they are not one of the easiest consulates to get a waiver from. The actual waiver you are applying for this the I-601 hardship waiver found here.

The best website for information on this waiver is www.immigrate2us.net There is a spreadsheet of other filers and the length of their processing and a lot of people going through this difficult process.

There are also a lot of "sticky's" in their 601 section that will give you information on assembling a "Hardship" package, writing the relative's letter and the type of evidence you need to submit.

The good thing about the waiver taking so little time in London is that your original affidavit of support won't have expired by the time you are eligible for the visa. . .so you'll just get to move together.

  • 1 year later...
Filed: K-3 Visa Country: Guatemala
Timeline
Posted

I had my interview June 5th in London, my husband had an email a couple of days ago to say I am ineligible for a visa due to overstaying visitor's visa in 2005/2006, even though I applied to adjust status, checked with an officer at the immigration place that we were allowed to do it, he said yes as long as I started the process before my 3 month visa expired. We gave up on the visa at that time as would have had to sell my UK flat from the US within 90 days to secure enough funds. Anyway I am waiting (here in UK) for a letter of instruction on how to apply for a waiver and have to get a further interview. Has anyone any experience of this, and how long it takes? I presume it will be costly and time consuming. My husband has now moved back here to be with me as we were apart too long and now we are wondering if this was a wise move as he has given up his US work and address, so how do we ever get back there?

My bf and I will be applying for the hardship waiver during our process. Our lawyer told us that I shouldn't go to visit him for long periods of time or too often. I also should not get a job in his country to be near him. To do so would weaken our hardship waiver case. The fact that your husband was able to drop everything to live with you shows its possible and working so they is no need for a waiver to get you to the USA when you both are perfectly fine in your country and living together....see what I mean? I think you are playing with fire here and that by his living with you, you're hurting your case.

~ DelicateStom8

06/06/2009 - Met bf in the USA who is an EWI from Guatemala (I am a US Citizen)

07/03/10 - Met with Immigration lawyer, informally engaged

??/??/10 - Formal engagement (notifying family, etc.)

??/??/?? - Married

??/??/?? - File I-130

After marriage we plan to follow our lawyers advice and have him return to Guatemala to wait for the paperwork, interview, etc. to go through. We'll apply for a hardship waiver because he's been EWI in US for about 5 years. He plans to get his GED before he returns to Guatemala so he can go to university there while he waits. This makes more sense instead of him working FT for $200 a month when I can easily send him that money and he can go to school instead.

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

Well we finally got the visa in Jul 09 and moved here in Aug 09. At the last interview the officer actually admitted they made a mistake and should not have refused my visa in 08, of course the original officer is no longer there and I have nothing on paper so it's just our crappy luck. Now we have spent thousands of pounds/dollars doing this, we are here at the worst possible time and jobless and homeless, just watch what you wish for. I wish we'd stayed in UK, he'd got a UK passport and we could then go to Italy and live, much better than here or UK.

 
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