I212 overstay, husband now here in UK, how to file correctly

[celtic59 0]

I went for a 2nd visa interview on August 15th and was told I had overstayed my visitor's visa in 2006 (we started to file to adjust status and gave up, not realising the mess we would end up in) and need to file a waiver or else sit it out and wait till the 3 year ban expires July 2009. My problem is , my husband is now here with me in the UK as we couldn't be separated any longer. He is a teacher and is contract ended at the end of the last school term in US. I asked if I needed to fill in a new I 864 and stuff for either the waiver or else the wait it out till 2009, the officer said no. But I can't understand how they won't ask me where he is working etc? Plus what address does he complete for the waiver forms if we decide to do it. It costs the same for both as if we wait I will need a new police report and medical. How can we put in stuff about the hardship of separation if we are together? I mean we can put in the stuff about his kids and father being in US and also the huge financial loss to us staying here and moving yet again.

Any thoughts on how to go ahead would be appreciated.

[spookyturtle 9,466]

Go to immigrate2us.net and start reading. It is a wealth of information for those involved with waivers. If you oeverstayed, you need to file an I-601 waiver. Why did you leave the US? The ban doesn't go into effect until you leave. Were you placed in removal proceedings? Were you married in the US? Please provide more details.

Edited August 22, 2008 by spookyturtle

[celtic59 0]

Go to immigrate2us.net and start reading. It is a wealth of information for those involved with waivers. If you oeverstayed, you need to file an I-601 waiver. Why did you leave the US? The ban doesn't go into effect until you leave. Were you placed in removal proceedings? Were you married in the US? Please provide more details.

We left as my husband was not allowed to be my sponsor, even though he was in full time employment as a teacher, he had retrained to do the job and so did not have previous year's earnings, as he had been a student. I could not find a co-sponor, I was told I could use the asset of my UK flat, but would have to go sell it and put the funds in a US account within 90 dyas, something that ws not possible to do, so we gave up and came to UK, where my husband supply taught and I retrained to be a teacher. Yes we were married in the US, but had left to teach overseas and came back and then applied to adjust status. I know the ban goes into effect when I left, the officer told me that, I left July 7th 2006.

[spookyturtle 9,466]

At this point it may be easier to wait out the ban. I don't know what processing times are for waivers in London, you can check that at immigrate2us.net.

[emt103c 10]

London waivers have been taking anywhere from 3-8 months lately. . .8months being closer to the norm and 3 a strange outlier.

[Boiler 45,525]

Go to immigrate2us.net and start reading. It is a wealth of information for those involved with waivers. If you oeverstayed, you need to file an I-601 waiver. Why did you leave the US? The ban doesn't go into effect until you leave. Were you placed in removal proceedings? Were you married in the US? Please provide more details.

We left as my husband was not allowed to be my sponsor, even though he was in full time employment as a teacher, he had retrained to do the job and so did not have previous year's earnings, as he had been a student. I could not find a co-sponor, I was told I could use the asset of my UK flat, but would have to go sell it and put the funds in a US account within 90 dyas, something that ws not possible to do, so we gave up and came to UK, where my husband supply taught and I retrained to be a teacher. Yes we were married in the US, but had left to teach overseas and came back and then applied to adjust status. I know the ban goes into effect when I left, the officer told me that, I left July 7th 2006.

It probably does not matter now, but the current income is what matters, the pasy year relates to filing taxes.

I know of no requirement to sell the flat etc, I used mine. Just need a curent appraisal.

Probably easiest now to wait out the ban, I presume your spouse has ILR in the UK, you can then apply directly to the Consulate if you wish to move to the US.

[desert_fox 32]

I thought that a waiver is based upon "why the US Citizen can't live in your country"...things like language barrier, medical care, sick parents, special job training that can't be transferred, etc. But apparently, he is able to live in your country, so where is the hardship?????

You had better wait until the ban expires. JMO

[Boiler 45,525]

I understand the waiver success rate at London is quite good.

You just need to hit the right points, I call it an English Comprehension test.

But it sounds like unles there is a dire need to move asap, by the time that the waiver etc have gone through you might just as well wait it out.