Trying to get my husband back to the US.

[Sugarcane6321 0]

Hello,

I received a lot of advice in the K1 forum. This was the VISA we had originally applied for. He arrived on Dec 25, 2009. We were married on Feb 14, 2010. No AOS was filed. I know this should have been priority, but lots happened that prevented it. Please spare me the scolding. Point is now I am 4 months pregnant. Husband is back in India as his fathers health was really bad. We never filed and now there is a 3 year ban on him returning.

The question I have is what waiver can be filed along with a new VISA to get him back here to the States. I talked to an attorney today who told me we should go for K3, but everyone in the K1 forum was saying K3 is dead and we should be looking at CR1. I am in the process of looking up a local immigration attorney, as the one I consulted was through a legal network via my job. While she did assist with the K1 process, she wasn't that helpful today.

I am not sure what I will do after the baby is born, as all my family is 1000+ miles away from me. I need my husband here to help with the care of our child. I don't know if this would constitute an emergency or not. Any help, ideas or suggestions are greatly appreciated at this point.

Thanks a lot,

Margarita

[Boiler 45,541]

You go through the normal CR1 process.

At the interview, he will be denied due to the overstay.

At that point you will submit a waiver showing the extreme hardships if he is not allowed a visa. The waiver is the tricky bit.

I read your other thread, nothing there that suggested an expedite would work.

[NigeriaorBust 4,087]

There is another forum at immigrate2us.net that carries a lot of waiver information. There is little you can do to make things move faster. A normal pregnancy has never been a reason to expedite the visa process. It usually takes about a year to process a family based petition from start to finish and you will have to pay all the fees involved with the CR1.

[Inky 1,110]

You likely wont be getting any new answers because there is only one answer that has been given to you. File the CR-1.

Having a baby isnt going to get you an expedite, single mothers around the world have babys alone all the time.

[Sugarcane6321 0]

You likely wont be getting any new answers because there is only one answer that has been given to you. File the CR-1.

Having a baby isnt going to get you an expedite, single mothers around the world have babys alone all the time.

I understand that. What I don't understand is the mixed replies I am getting. Here people are saying to do the CR1 and my attorney told me to do the K3. I will start the process and I am NOT looking for any new answers in regards to what Visa to file. I was told to come to this forum to get specific answers about the waiver, which is the one question I had. While I appreciate everyone's replies my question is still not being answered.

In regards to your reply about having a baby not qualifying for an expedite...there was two cases I have found so far when the expedite did occur due to pregnancy. Thankfully I kept researching. And for your information I am not a single mother.

[Sugarcane6321 0]

There is another forum at immigrate2us.net that carries a lot of waiver information. There is little you can do to make things move faster. A normal pregnancy has never been a reason to expedite the visa process. It usually takes about a year to process a family based petition from start to finish and you will have to pay all the fees involved with the CR1.

Thanks a lot

[Boiler 45,541]

I understand that. What I don't understand is the mixed replies I am getting. Here people are saying to do the CR1 and my attorney told me to do the K3. I will start the process and I am NOT looking for any new answers in regards to what Visa to file. I was told to come to this forum to get specific answers about the waiver, which is the one question I had. While I appreciate everyone's replies my question is still not being answered.

In regards to your reply about having a baby not qualifying for an expedite...there was two cases I have found so far when the expedite did occur due to pregnancy. Thankfully I kept researching. And for your information I am not a single mother.

You are not getting mixed replies, every reply that I have seen says CR1.

The Lawyer you implied does not do family immigration and may be out of date.

Do not forget the I601, I would second www.immigrate2us.net as being the forum for waivers.

I have not seen pregnancy in itself being able to be used as an expedite, the ones you mentioned probably had complications. If it was that easy, it would be a sticky and cause lots of comment.

Edited November 22, 2010 by Boiler

[Sugarcane6321 0]

You are not getting mixed replies, every reply that I have seen says CR1.

The Lawyer you implied does not do family immigration and may be out of date.

Do not forget the I601, I would second www.immigrate2us.net as being the forum for waivers.

I have not seen pregnancy in itself being able to be used as an expedite, the ones you mentioned probably had complications. If it was that easy, it would be a sticky and cause lots of comment.

Yes thank you. VJ is definitely saying CR1. I haven't questioned that. Only I became confused when my attorney suggested K3. I am not in talks with her anymore after today. I am working on getting a new immigration attorney, one closer to home. The I2US forum has a lot of good info about the I601 and I am just reading up on everything. Waiting for the mod to approve my registration. Thank you again.

[Boiler 45,541]

I would concentrate on the I 601.

Your replies suggest to me that you should be capable of doing the CR1 yourself, and the sooner you start the better.

You have time to sort out the I 601, if you feel the need for legal help remember Immigration Law is Federal, you would be better with a good waiver lawyer even if not local.

[newlyweds2010 208]

You go through the normal CR1 process.

At the interview, he will be denied due to the overstay.

At that point you will submit a waiver showing the extreme hardships if he is not allowed a visa. The waiver is the tricky bit.

I read your other thread, nothing there that suggested an expedite would work.

[KittyPollitt 284]

Trust me when I say that you will not get an expedite for having a normal, healthy pregnancy. I was also pregnant during the visa process, and there's nothing you can do to speed it up. I was faced with the same issue as you, a newborn baby with no help from family and no father physically present to help me. What I chose to do was get temporary cash assistance (welfare), food stamps, WIC, and housing assistance from social services for 3 months, until my daughter was old enough to travel, and then I went overseas and temporarily stayed with my child's father and his family until he was able to get his visa and join me in the States. I don't know if this is an option for you, people's monetary situations differ greatly, and I had a healthy child, so I wasn't overly concerned with the healthcare issue (though I hear healthcare in the big cities in India is not bad, if you can afford to pay for it). I just wanted to share my story with you, because I understand how you're feeling right now, and you do have options, although the choices are tough ones. Good luck to you and your family.

Sarah

[VanessaTony 3,567]

I understand that. What I don't understand is the mixed replies I am getting. Here people are saying to do the CR1 and my attorney told me to do the K3. I will start the process and I am NOT looking for any new answers in regards to what Visa to file. I was told to come to this forum to get specific answers about the waiver, which is the one question I had. While I appreciate everyone's replies my question is still not being answered.

In regards to your reply about having a baby not qualifying for an expedite...there was two cases I have found so far when the expedite did occur due to pregnancy. Thankfully I kept researching. And for your information I am not a single mother.

The K3 is "dead". There was a post months and months ago about it so I have no idea where I could find the info on it now, I just know that if you apply for a K3, they will convert it to a CR-1. It's likely your attorney (as others have said) just isn't in the loop so it's good you're finding someone else.

The other thing I wanted to mention was the "single mother" comment. What the person who wrote that PROBABLY meant (what i read it to mean) was that the reason your expedite wouldn't be approved simply by not having your husband around is because women who have no husbands (hence single mothers) are doing it every day.. making you no different to them. What you need to prove is how your situation is different to any other "single woman".

Anyway I'm very sorry you're going through this. Lots of good thoughts your way.

[Sugarcane6321 0]

The K3 is "dead". There was a post months and months ago about it so I have no idea where I could find the info on it now, I just know that if you apply for a K3, they will convert it to a CR-1. It's likely your attorney (as others have said) just isn't in the loop so it's good you're finding someone else.

The other thing I wanted to mention was the "single mother" comment. What the person who wrote that PROBABLY meant (what i read it to mean) was that the reason your expedite wouldn't be approved simply by not having your husband around is because women who have no husbands (hence single mothers) are doing it every day.. making you no different to them. What you need to prove is how your situation is different to any other "single woman".

Anyway I'm very sorry you're going through this. Lots of good thoughts your way.

Thank you. I really appreciate your response. I am working on the CR1 paperwork now and trying to stay positive.

[Sugarcane6321 0]

Trust me when I say that you will not get an expedite for having a normal, healthy pregnancy. I was also pregnant during the visa process, and there's nothing you can do to speed it up. I was faced with the same issue as you, a newborn baby with no help from family and no father physically present to help me. What I chose to do was get temporary cash assistance (welfare), food stamps, WIC, and housing assistance from social services for 3 months, until my daughter was old enough to travel, and then I went overseas and temporarily stayed with my child's father and his family until he was able to get his visa and join me in the States. I don't know if this is an option for you, people's monetary situations differ greatly, and I had a healthy child, so I wasn't overly concerned with the healthcare issue (though I hear healthcare in the big cities in India is not bad, if you can afford to pay for it). I just wanted to share my story with you, because I understand how you're feeling right now, and you do have options, although the choices are tough ones. Good luck to you and your family.

Sarah

Thank you Sarah. I have thought about going to India and staying there until he can get the interview and visa. I know he will not be present for the birth, but the plan is to work up until my ninth month and have the baby. Once it is safe to fly (for the both of us) we can go to India. Of course, I would have to take an extended leave of absence under the family medical leave act. This would be unpaid time off. My husband is working to get a job now in India. If he can get a good one, and I can continue to save money, then me and the baby should be able to be there with no issues. I do hope this process will be a smooth one. It is great to have the VJ family here giving positive reinforcement, advice, etc.

My husband is from Kashmir. Although situation there is not good right now, I don't know if it will be months from now. My husband is looking for work in Delhi at the moment. So we will be in a fairly big city. It's crazy, we always planned on returning to India to live there for a couple of years so I could have the experience of teaching there and so we could also be closer to his family. I never thought it would happen like this.

Thanks again for your advice.

[KittyPollitt 284]

Thank you Sarah. I have thought about going to India and staying there until he can get the interview and visa. I know he will not be present for the birth, but the plan is to work up until my ninth month and have the baby. Once it is safe to fly (for the both of us) we can go to India. Of course, I would have to take an extended leave of absence under the family medical leave act. This would be unpaid time off. My husband is working to get a job now in India. If he can get a good one, and I can continue to save money, then me and the baby should be able to be there with no issues. I do hope this process will be a smooth one. It is great to have the VJ family here giving positive reinforcement, advice, etc.

My husband is from Kashmir. Although situation there is not good right now, I don't know if it will be months from now. My husband is looking for work in Delhi at the moment. So we will be in a fairly big city. It's crazy, we always planned on returning to India to live there for a couple of years so I could have the experience of teaching there and so we could also be closer to his family. I never thought it would happen like this.

Thanks again for your advice.

The plus side of this is the time your husband and his family will have with your child that they might have otherwise missed. I can tell you without a doubt, it was worth every hardship, and I'd to it again in a heartbeat. It also really strengthened my relationship with my husband to live in his culture and understand better where he comes from.