Transferring the interview from US to overseas

[UrbanLavrencic 0]

Hi,

this is my first time posting on this forum so I hope I don't cause too much of a confusion by asking 2 questions at the same time.

I have entered US as a citizen of Slovenia on visa waver in 2005. Within first 90 days I got married and I applied for a green card. The marriage did not work out so I voluntarily abandoned my case. I never received the later of deportation and I've stayed in US (Los Angeles)ever since without trying to hide any traces - I went to school, I rented an apartment, had credit cards, motor cycle registered to my name etc...

A year later I met a Swedish girl who received her green card through marriage. We started to date, got engaged and moved in together in 2008 and have been living together ever since. In January 2011 she became an American citizen and in March 2012, after being together for over 4 years we got married and I applied for a green card again. I hired an immigration lawyer who looked at my case and said I am not to expect any problems. Unfortunately a big problem happened soon afterwards.

My wife got very sick and it turned out she needs a lung transplant to safe her life. We discussed about it and we agreed upon her going to Sweden because the medical system there is considerably better than the one here which increases her chances of "making it". At first we thought she'd be back in 2 months but now it seems she'll have to stay there for longer period of time. In November she will be put on a transplant list and then she has to wait for a transplant to be available which could take only a week, but could also take a year.

Of course now I want to go there and join her as soon as possible because she needs my help. I spoke to my lawyer and he advises me against leaving US because he says I might be banned from reentering because I overstayed my first visa, even though so far my process for reapplication runs smoothly. I would probably have my interview somewhere in February but most probably my wife will not be able to travel by then and attend it so... here are my questions:

1. If I ask for an emergency visa, because my wife is very sick and she needs me in Sweden, should I be afraid after receiving a travelling visa issued by US government of them banning me from reentering US even though they'd issue the visa that permits me the reentering? That's what my lawyer seems to be worried about.

2. Could we simply transfer our case from Los Angeles to Sweden so we could attend an interview there instead in California? We will keep our residence here in LA while we're away. I want to point out again that the stay in Sweden is only a temporal necessity and we will be back in LA as soon as she is healthy again.

Another thing that I should probably mention is that my wife is 16 years senior -s he's 42 and I am 26. I don't know if such age difference raises a red flag for immigration. We are though crazy in love, have bunch of proves to support that, including our both families and plenty of friends here in Los Angeles. On top of that we've lived together for over 4 years, but still... it seems you never know with the immigration agencies.

Any kind of feedback or advice would be highly appreciated. My thanks in advance.

Urban

[Boiler 46,299]

As soon as you leave the 10 year ban kicks in. It is waiverable.

Obviously you need to leave to be with your wife.

[ceadsearc 516]

You leave, you are banned. You can reapply from abroad for a spousal visa when you are ready to return. You'll need to file for a waiver. It will be a long, complicated, and expensive process. Obviously your wife is more important.

[UrbanLavrencic 0]

You leave, you are banned. You can reapply from abroad for a spousal visa when you are ready to return. You'll need to file for a waiver. It will be a long, complicated, and expensive process. Obviously your wife is more important.

Hi ceadsearc,

thank you for your replay. Is your husband reapplying from abroad after he overstayed his first visa? How long do you think the process might take after I reapply from Sweden? Thank you so much for your feedback!

[UrbanLavrencic 0]

As soon as you leave the 10 year ban kicks in. It is waiverable.

Obviously you need to leave to be with your wife.

Thank you Boiler for your feedback. Do you know how long can the process take before I'd be approved from abroad? Do they take an individual's circumstances into consideration or is everyone treated equally? (I am a medical student and I play in a rock band, brought into US over 100.000$ without ever making any money here so I am not someone that would be taking an advantage from the government...)

[Boiler 46,299]

They seem to be faster with the lockbox, 18 months?

The waiver is about the hardships your wife would suffer, not so much about you.

[UrbanLavrencic 0]

They seem to be faster with the lockbox, 18 months?

The waiver is about the hardships your wife would suffer, not so much about you.

Thank you again Boiler.

Urban

[ceadsearc 516]

Hi ceadsearc,

thank you for your replay. Is your husband reapplying from abroad after he overstayed his first visa? How long do you think the process might take after I reapply from Sweden? Thank you so much for your feedback!

My husband applied after overstaying but he didn't leave the US so it was a straight AOS. I am not sure of timelines for a waiver. You should check the forum immigrate2us.net. They specialize in waivers and harder cases. You said you filed in March, typically you'd have a GC by now. Did you go to an interview yet?

[UrbanLavrencic 0]

My husband applied after overstaying but he didn't leave the US so it was a straight AOS. I am not sure of timelines for a waiver. You should check the forum immigrate2us.net. They specialize in waivers and harder cases. You said you filed in March, typically you'd have a GC by now. Did you go to an interview yet?

No, I have not had the interview yet because immigration accidentally cause an error that delayed my case. I should have it in January but since my wife cannot come back by January I am not going. I've been here for almost 7 years without leaving but now I have no choice since I have to be there for my wife when she undergoes the medical procedure. I can only hope the immigration won't cause problems upon our return But I will check the link you've provided. Thanks a lot for your help and good luck to you and your husband.

Urban