Visiting US after a 2 month overstay

[BradnKim 0]

Hello,

Here's the deal. My Canadian husband stayed with me in the us for abou 7 1/2 month and then went back up to Canada to start the K-3/CR-1 process. We only have our NOA1 on both petitions so far. The father of my 3 teenagers passed away suddenly yesterday and my husband would like to come down for support for the kids and I. He will be their only father figure now. Will immigration have a problem with him coming with just a round trip ticket and a letter from his job saying he's coming back? Second question. This is catastrophic for my family and my kids as their dad provided half their support. Would this qualify us for an expedite seeing it is going to be a huge financial hardship on us now... not to mention the emotional hardship of the kids losing their father. My husband would like to be here to be supportive and a father figure to them.

Thank you

[canadian_wife 1,822]

1. I think it will be up to the individual CO as to if your husband will be able to enter. The overstay plus the fact he has immigrant intent may get him a denial of entry.

2. Expedites are rare. Here is the criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

I think you will need to prove how your husband is not able to financially support your children now from Canada and how him immigrating to the U.S. will solve your financial problems (with the economy the way it is, you may need to show likelihood of him getting a job) and also show how your husband can emotionally support your children in the absence of their father.

Some wise member will pipe up and correct me