Help! Husband left due to family illness before Filing AOS

[lillyfire29 0]

My husband had a previous overstay in 2001 (365 days+). We moved to Australia, and I came back to the US to have our daughter. We soon found out it was going to take a long time to get him back here. We filed for a k-3 and a 601 waiver. After almost 2 years it was approved and he was able to re enter. Unfortunatley after a year both his grandmothers fell ill and he returned to New Zealand to help his dad. His grandmother on his fathers side just passed so now its time for him to come back to the US.

I found out that we have to file the i-130 and start all over. They wont tell him anything at the US embassy in NZ except to file the i-130 and when he comes for his interview they will let him know if he needs to file for a waiver. ???? She also told him if he wereto attempt to come here now, he has a 50/50 chance of getting in. I guess my questions are, do you think he can enter now? If we don't try that and go ahead and file, do you think he will need the waiver again?

Thanks!

[baron555 934]

My husband had a previous overstay in 2001 (365 days+). We moved to Australia, and I came back to the US to have our daughter. We soon found out it was going to take a long time to get him back here. We filed for a k-3 and a 601 waiver. After almost 2 years it was approved and he was able to re enter. Unfortunatley after a year both his grandmothers fell ill and he returned to New Zealand to help his dad. His grandmother on his fathers side just passed so now its time for him to come back to the US.

I found out that we have to file the i-130 and start all over. They wont tell him anything at the US embassy in NZ except to file the i-130 and when he comes for his interview they will let him know if he needs to file for a waiver. ???? She also told him if he wereto attempt to come here now, he has a 50/50 chance of getting in. I guess my questions are, do you think he can enter now? If we don't try that and go ahead and file, do you think he will need the waiver again?

Thanks!

Correct, since he didn't get the AP or the GC and he left the US, then he abandoned all that you had worked for. No reason for casting judgement but not a good move.

You have been told what to do. Do that and wait. If you can't wait, then the only other option is you move there. Sri.

[Dakine 26]

My husband had a previous overstay in 2001 (365 days+). We moved to Australia, and I came back to the US to have our daughter. We soon found out it was going to take a long time to get him back here. We filed for a k-3 and a 601 waiver. After almost 2 years it was approved and he was able to re enter. Unfortunatley after a year both his grandmothers fell ill and he returned to New Zealand to help his dad. His grandmother on his fathers side just passed so now its time for him to come back to the US.

I found out that we have to file the i-130 and start all over. They wont tell him anything at the US embassy in NZ except to file the i-130 and when he comes for his interview they will let him know if he needs to file for a waiver. ???? She also told him if he wereto attempt to come here now, he has a 50/50 chance of getting in. I guess my questions are, do you think he can enter now? If we don't try that and go ahead and file, do you think he will need the waiver again?

Thanks!

K3 is a 2 year multiple entry visa. Has it been over 2 years since he first entered?

You can extend the K3 also.

Edited September 3, 2009 by Haole

[emt103c 10]

K3 is a 2 year multiple entry visa. Has it been over 2 years since he first entered?

You can extend the K3 also.

Ditto. How long has he been gone?

Consult with an attorney, never just trust what the USCIS or the consulate tells you.

[Brother Hesekiel 2,236]

Life is all about setting priorities and making decisions to accomodate them.

I haven't visited my home country since January 1994, haven't seen my daughter in over 10 years. Both my parents died without me being able to say goodbye or attend their funerals. Becoming a legal resident was more important for me, and I'll live with that.

Your husband's priorities were exactly the opposite. If he has to wait a few years until he can enter the US again, I think that's a small price to pay.

[Dakine 26]

Life is all about setting priorities and making decisions to accomodate them.

I haven't visited my home country since January 1994, haven't seen my daughter in over 10 years. Both my parents died without me being able to say goodbye or attend their funerals. Becoming a legal resident was more important for me, and I'll live with that.

Your husband's priorities were exactly the opposite. If he has to wait a few years until he can enter the US again, I think that's a small price to pay.

Different strokes for different folks but I feel sorry for people that aren't family orientated.

May be OK when you're younger but things can change when you grow older.