Filing for a CR1 after Visa Waiver overstay ?

[Buggy 0]

Hi everybody,

I'm new on this forum, i need to get some anwers on my case.

First of all, i'm french, i'm 29, my wife's amercian and she's 28.

We met online.

Here is our story really quick :

02/13/10 - I enter in the US on the Visa Waiver program.

03/08/10 - We married in an immigration office (after that we were supposed to file for changement of status with them)

06/18/10 - We leaving the US for France (cause we had problem with her family)

XX/10/10 - My wife's pregnant

03/01/11 - After having been miserable in france (she doesn't like it), we try to come back to the US.

The trip is Paris-Dublin-Chicago-Los Angeles (she's from California)

Unfortunately, i tried again the Visa Waiver program, and I've been denied.

The immigration officer said i'm denied and i need a regular visa to enter, but my wife can go (they were holding the

plane for her), she decided not to leave me alone and stay.

The immigration officer did a Sworn statement (questions, fingerprints, picture).

I asked what are my option to the officer, he gave me a little paper and he wrote I-130 on it.

The statement said at the end "You have been found to be inadmissible to the US for violating your previous admission under the visa waiver program. You are ineligible to enter the US according to INA sections 212(a)(7)(A)(i)(I). You are being refused entry to the US under the visa waiver program. Do you understand ?" my answer was yes, then "As a visa waiver refusal you may never use this program again and you will be required to obtain a visitor visa if you wish to return in the future. Is that clear ?" My answer is yes again.

03/03/11 - After 2 days in a hotel in Dublin, talkin about the situation, we decided she goes to the US alone and i come back to France and she file I-130 for me.

My questions are :

I overstayed my visa waiver for around 35 days (02/13/10 to 06/18/10), is it gonna affect our case if we filing for a Visa CR1 ?

Since the officer said i need a regular visa, i need to file for I-130, and the statement said that i need a visitor visa to return (or spouse since i'm married), i understand that everything's gonna be ok if we file for a CR1, correct ?

Since she's pregnant and she supposed to deliver in July 2011, is there any possibilty I can go for my baby's birth ? We heard about the hardship to accelerate the process... I don't want to miss my baby's birth, especially that it's my first baby.

Or maybe there is a kind of temporary exception or something ?

Thx a lot in advance for the reading and for the answers.

Best regards.

[Penguin_ie 5,993]

Your overstay should not affect your CR-1b visa; you may get some extra questions at the interview, but that's it.

There is no expedite for a normal pregnancy, and no special "birth visa". Your spousal visa definitely will not be ready by the time of the birth since you haven't even filed yet, sorry; you are looking at about 8-12 months from the time your wife starts the petition to you getting the visa.

You could try getting a tourist visa for the time of the birth. It may be difficult to get due to the overstay, and clear immigrant intent (USC wife and baby). But it's not that expensive- $130 I think- so worth a try. I would suggest filing for the spousal visa first, that shows you know the law and are intending to get a proper immigrant visa.

[Buggy 0]

Thank you very much Penguin_ie

We're about to file, but it's too complicated for her, so she asked me to take care of it since "i'm the brain in the couple", as she always say, lol.

Anyway, i'm just trying to find exaclty answers, which you gave me, and the right package to assemble, i think i found everything, so we're gonna start in the next days.

[Buggy 0]

Hi everybody

I have a few more questions since i'm preparing the I-130 package.

On form I-130, question 16.

"Has your relative ever been under immigration proceedings ?"

In my case, should my wife answer yes or no ?

If yes, is this a removal ? or else ?

Also, we married, my wife took my family name and changed her social security name and her california id for her married name, but her passport is still on her maiden name, how should i file the papers ?

married name in "family name" and maiden name in "other name used" ?

Thank you in advance.

[canadian_wife 1,822]

A simple denial of entry is NOT counted as being under immigration proceedings so you would answer NO

File with her current passport obviously, it is just needed for proof of citizenship. Her name is First Name Married Name. Maiden name would go under 'other names used'

Good luck, look at the 'example forms' tab at the top for help

[Buggy 0]

Thank you very much canadian_wife, your answers help me a lot.

Have a good day.

[Buggy 0]

Hi everybody

I sent the documents to my wife in the US.

But I thought about something, I don't know if it can be an issue or not.

My nam is like that :

First name 1st middle name 2nd middle name last name

I have 2 middle names.

I have them on my birth certificate, passport, marriage certificate, etc...

But when i did the papers, since they ask "middle name" (and not middle nameS) and i know that in United states, everybody only have 1 middle name, I just droped the second middle name, and put only the first on both I-130 and G-325A.

Is this an issue ?

Do you think I should ship new correct papers to my wife or should I leave it like that ?

Thanks in advance.

[Buggy 0]

nobody please ?

[pushbrk 12,878]

Hi everybody

I sent the documents to my wife in the US.

But I thought about something, I don't know if it can be an issue or not.

My nam is like that :

First name 1st middle name 2nd middle name last name

I have 2 middle names.

I have them on my birth certificate, passport, marriage certificate, etc...

But when i did the papers, since they ask "middle name" (and not middle nameS) and i know that in United states, everybody only have 1 middle name, I just droped the second middle name, and put only the first on both I-130 and G-325A.

Is this an issue ?

Do you think I should ship new correct papers to my wife or should I leave it like that ?

Thanks in advance.

Enter both your middle names. If they won't fit, hand print them.

[Buggy 0]

thank you pushbrk.

that's too bad, i have to ship her new papers

[Buggy 0]

Hi everybody,

I sent the corrected papers, she's gonna ship the I-130 package this week hopefully.

But since there's gonna be a long time of waiting, I wanna start working on the I-864 package already and prepare what I can prepare.

I have a few questions about it :

- my USC wife livin at her dad's, she doesn't make the 125% of poverty guideline, so the dad's gonna be the joint sponsor.

since he's a household member, she should file a I-864 and he should file a I-864A, correct ?

- On the question 21 of the I-864, my wife should count me as 21a, her as 21b, our baby coming in july (before we actually file that form) as 21d, but does she have to put her dad in 21g ? so the total household size will be 4ppl right ?

- on that 21 question part, do we have have to add the other members of the family ? they are dependent on the dad, so since the I-864 is only about my wife (the sponsor), i guess we shouldn't add them, correct ?

thank you in advance.

[pushbrk 12,878]

Hi everybody,

I sent the corrected papers, she's gonna ship the I-130 package this week hopefully.

But since there's gonna be a long time of waiting, I wanna start working on the I-864 package already and prepare what I can prepare.

I have a few questions about it :

- my USC wife livin at her dad's, she doesn't make the 125% of poverty guideline, so the dad's gonna be the joint sponsor.

since he's a household member, she should file a I-864 and he should file a I-864A, correct ?

- On the question 21 of the I-864, my wife should count me as 21a, her as 21b, our baby coming in july (before we actually file that form) as 21d, but does she have to put her dad in 21g ? so the total household size will be 4ppl right ?

- on that 21 question part, do we have have to add the other members of the family ? they are dependent on the dad, so since the I-864 is only about my wife (the sponsor), i guess we shouldn't add them, correct ?

thank you in advance.

Since she's combining income with her dad, then yes, he is counted in 21g. The form itself isn't particularly clear as to 21g but the step by step instructions are. Yes on the dad but no on the other family members. Be aware though that in making the public charge determination, the Consular officer is allowed and usually does count the actual total household size including all the I-864a signer's dependents. They'll see that number on the required tax return.

[Buggy 0]

Thanks pushbrk

I also have a topic in the NVC section and a member told the dad can't use the I-864A and have to use the regular I-864 cause he's the head of household.

Him plus 7 person he claimed on his last taxes plus me the immigrant, that makes a household of 9.

I checked the 2011 poverty guideline and the income should be $51.812, but he's only making $48.XXX (i don't remember how much exactly).

Since he's under the 125% poverty line and he have no assets, and nobody worrks except him, I though about a solution.

Maybe since we only gonna be at NVC part in 5/6 months, maybe during this time he can open a saving account (if he doesn't have one already), and all together him, my wife and me tryin to put money on this account progressively until we have around $4000/$5000 and that asset combine to the last year income make him crossing the poverty line by a little bit at the moment of filing his I-864.

I know they're gonna ask a bank statement to prove that saving money, but are they looking if that deposit is recent or not ? are they requiring on the date ?

I don't want them to make problems cause they feel the dad made a saving account "just for the occasion" if you know what I mean...

Is that solution possible ?

Thanks in advance.

[Penguin_ie 5,993]

They will want to see account statement for the last year, and if you add significant amounts of money to an account where her dad is the principle, will wonder if you are paying him for the visa/ sponsorship. Also, you would need 5 times as much as the short fall, so in your case about $20'000, not just the shortfall.

[Buggy 0]

Thanks Penguin_ie

I thought the x5 was only if I had MY OWN assets to a I-864, but if it's his it's not applicable I think.

What about if transfer money to my wife then she transfer on her dad's saving ?

What about the dad's trying to save up money himself without any help of my wife and me ?

Thanks in advance.