Trying to get my husband back to the US.

[Used to be broken 147]

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

Here is a very unconventional VISA for you. Due to the circumstances of your case .. it might be something you could get approved with the birth of the baby on the way. He could apply for the tourist visa and you could try this.. often they deny the tourist VISA because of Immigrant Intent.. but if you don't mind blowing some dough and a bit of time, write a convincing letter and request the VISA using this method. The worst they could do is say no, and the 3 year bar he has will continue to "toll" apparently while he is here in the US if its approved.

http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/1286070044/xsl/print_topic

Submit this now, and go ahead and keep doing the other stuff at the same time.

Good luck. If you want to post your hardship stuff later when you get it ready, we can provide some feedback.

[amykathleen2005 441]

When exactly did your husband leave the US? If it was less than 180 days after his 90 days from the K-1 visa than he might not have a ban.

*Nevermind, just read your husband's previous topic

Edited November 23, 2010 by amykathleen2005

[NigeriaorBust 4,087]

If he has a ban he is not eligible for ANY visa to the US. So applying for a tourist visa would be like throwing money down the toilet.

name='brokenfamily' timestamp='1290484669' post='4306762']

Here is a very unconventional VISA for you. Due to the circumstances of your case .. it might be something you could get approved with the birth of the baby on the way. He could apply for the tourist visa and you could try this.. often they deny the tourist VISA because of Immigrant Intent.. but if you don't mind blowing some dough and a bit of time, write a convincing letter and request the VISA using this method. The worst they could do is say no, and the 3 year bar he has will continue to "toll" apparently while he is here in the US if its approved.

http://discuss.ilw.com/eve/forums/a/tpc/f/902603441/m/1286070044/xsl/print_topic

Submit this now, and go ahead and keep doing the other stuff at the same time.

Good luck. If you want to post your hardship stuff later when you get it ready, we can provide some feedback.

[Boiler 45,559]

Theoretically he could get a B2 with a Non Immigrant waiver.

Theoretically.

[Justine+David 218]

Boiler, thanks for the laugh.

Sugar, I do feel sympathy for your situation. It sounds like a good idea to take the babe to India to wait out the process if you can. Keep in mind that FMLA is only good for 12 weeks. Newborns generally can fly 2 weeks after birth, sooner if approved by their pediatrician.

The CR1 wait is generally a little longer than the K1 wait, so if I were you, I'd send off the initial package ASAP. If the process turns out faster than you expected, there are many points in the process that you can delay. Everyone is right about the K3--if you apply for it, the NVC will just convert it to a CR1, so it's just extra paperwork that will be thrown out.

Congratulations on your pregnancy

[Used to be broken 147]

If he has a ban he is not eligible for ANY visa to the US. So applying for a tourist visa would be like throwing money down the toilet.

I said its very unconventional, and it may be a bust, but like I said its only time and money and given the odd nature of the situation, it might garner consulate sympathy. He has already been approved for a VISA but screwed it up, its only a 3 year bar and he did nothing wrong but leave.

They can have this iron in the fire while they work other angles.

Edited November 29, 2010 by brokenfamily

[Sugarcane6321 0]

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.

If situation in Srinagar is not better by the birth then I will go to Delhi. My husband will start work there soon and he says he will have everything set up for me and the baby. I don't think that putting myself, or the baby, in harms way would be a good idea. Even he is leaving Kashmir this week because of the strikes and curfews there. He will again leave his family behind, but it is for good purpose...to go for work.

[Sugarcane6321 0]

Boiler, thanks for the laugh.

Sugar, I do feel sympathy for your situation. It sounds like a good idea to take the babe to India to wait out the process if you can. Keep in mind that FMLA is only good for 12 weeks. Newborns generally can fly 2 weeks after birth, sooner if approved by their pediatrician.

The CR1 wait is generally a little longer than the K1 wait, so if I were you, I'd send off the initial package ASAP. If the process turns out faster than you expected, there are many points in the process that you can delay. Everyone is right about the K3--if you apply for it, the NVC will just convert it to a CR1, so it's just extra paperwork that will be thrown out.

Congratulations on your pregnancy

Thanks a lot. I was originally looking for a new place to move into, so that when the baby is born he or she will have a nursery, etc. My place now is too small for a baby. My plan has changed. I will stay in this place until the baby is born. My mom is planning on coming to Oregon for for one or two weeks after the baby is born. Since all of my family is in Southern California, all I will have is friends here. I don't think it is best use of time to stay here if my husband will not be here with me. So definitely, I am planning on spending time in India after the baby is born. I am saving up my PTO and I can take longer than 12 weeks if needed by going on Short term disability. If I do that I would receive 75% of my regular pay.

I am getting the CR1 out in a week, only a couple of worries around getting my husband's signature. When we filed for the K1 I had completed the form and emailed to him. then he printed it out and signed everything and sent it back to me by mail. Obviously now we don't have time for this so do you have any ideas? An actual signature (non electronic or scanned) is required yes?

Thank you for your help.

[Used to be broken 147]

Thanks a lot. I was originally looking for a new place to move into, so that when the baby is born he or she will have a nursery, etc. My place now is too small for a baby. My plan has changed. I will stay in this place until the baby is born. My mom is planning on coming to Oregon for for one or two weeks after the baby is born. Since all of my family is in Southern California, all I will have is friends here. I don't think it is best use of time to stay here if my husband will not be here with me. So definitely, I am planning on spending time in India after the baby is born. I am saving up my PTO and I can take longer than 12 weeks if needed by going on Short term disability. If I do that I would receive 75% of my regular pay.

I am getting the CR1 out in a week, only a couple of worries around getting my husband's signature. When we filed for the K1 I had completed the form and emailed to him. then he printed it out and signed everything and sent it back to me by mail. Obviously now we don't have time for this so do you have any ideas? An actual signature (non electronic or scanned) is required yes?

Thank you for your help.

yes an actual signature is required.

Also, let me interject with my usual ask an attorney advice. It may not be in the best interest of your case to go live in India with your husband if you are trying to prove on the hardship that you cannot live in his country. Something to think about... ask a lawyer.

[Sugarcane6321 0]

yes an actual signature is required.

Also, let me interject with my usual ask an attorney advice. It may not be in the best interest of your case to go live in India with your husband if you are trying to prove on the hardship that you cannot live in his country. Something to think about... ask a lawyer.

Ok sure, I will ask him today when I go at 4:30pm. At some point I need to get to India and at least let him and his family see the baby. Whether it is perceived as living or vacation, well that's another story right.

Thank you again

[Boiler 45,559]

I would not worry about that, lots of people live with their spouses whilst filing waivers.

[Used to be broken 147]

I would not worry about that, lots of people live with their spouses whilst filing waivers.

The problem with quips like the above is they have to be taken in context.

yes it is true that "lots of people live with their spouses while filing waivers".

Does that make it a good idea in the OP case? THAT DEPENDS, how strong and how credible the hardship and supporting evidence are in the aggregate.

A better question might be, "is it a good legal strategy to live with your spouse in the country you are claiming on a notarized legal affidavit that you cannot live in?"

Or looking at the big picture is it a good financial strategy ..thinking forward to the I864 to go live somewhere you cannot earn a living? or more practically, in order to get an immigrant VISA for the spouse, they have to PROVE DOMICILE in the US. So for this purpose they have to have leases, etc in the US. Given the I130 is done in this case and the only remaining paperwork is the Waiver, its an expensive and counterproductive exercise to relocate overseas during this period. IMHO.

Bottom line, advice should take into consideration the actual circumstances that are particular to this OP, because to win a waiver case the overall case in its totality will be taken into consideration by the Adjudicator. If there is fine line between approval and denial a decision like this could tip in favor of denial, or trip them up and keep them out of the States longer due to lack of understanding of the impact of moving overseas.

Edited December 2, 2010 by brokenfamily