petizione 130 e 129 f (k3)

[Darnell 8,479]

I left my wife the day after the petition has 130 ... have cashed the check and is in the process of decision ... as a rule ..... two weeks later my wife to put the 129f .. k3 seen .... that did not return the check where informed us that they would send him back to comunicaro .... defo do that ... what I do to my wife ... I'm legally married my wife ... my name is .. we shared account .. machines made ​​out to both ... financing is in progress ... we have a life in progress ... Advise me what to do ... thank you

when the IR-1 visa interview takes place in Italy, expect an IR-1 visa denial at the IV unit, but be ready to file for a waiver, having waiver in hand.

It's a dead shame you and your wife not file Adjustment of Status, and get the green card, before you left the USA.

Now that you've been out of status in the USA for 18 months or more, you've incurred an automatic 10 year ban for re-entry (perhaps more than 10 years?)

so.. be patient, follow through with the two petitions and the two visa applications that are already in the queue with USCIS, and get ready for the waiver that must be filed at the IV unit in Italy.

If you want to come back to USA, that is.

Good Luck !

[corayes 0]

so to better understand ... what this waiver? petition .. a paper ... I do not give a green card? ... how can I get out of this horrible situation ... and I explained what a waiver ... guys .. I am very ignorant on the subject .... let me know .... thanks

[corayes 0]

I knew that I had broken the law by staying with the status ... but I had no alternative ... since my wife has lost citizenship certificate ... that's why all these months I could not put the the 130th Petitions 485 because the migration ......... mentitio me ..? I am a spouse of a citizen ... what right do I have?? have had to return to Italy for a family emergency ... what it means. for an emergency ... that ... one must be months, not years off reviewing his own wife .... this is not right now ..... ........... visa k3 apple ... I can dream .... but the green card will apple?? kids ... what should I do??

[corayes 0]

I knew that I had broken the law by staying with the status ... but I had no alternative ... since my wife has lost citizenship certificate ... that's why all these months I could not put the the 130th Petitions 485 because the migration ......... mentitio me ..? I am a spouse of a citizen ... what right do I have?? have had to return to Italy for a family emergency ... what it means. for an emergency ... that ... one must be months, not years off reviewing his own wife .... this is not right now ..... ........... visa k3 apple ... I can dream .... but the green card will apple?? kids ... what should I do??

[NigeriaorBust 4,087]

When you entered the US originally , how did you come and when where you supposed to leave? Most people don't get permission to stay more than 3-6 months. Once you stayed beyond that time ( and turned 18 if you were younger than that ) you started to get into trouble. At 180 days you earned a 3 year penalty and after a year it became a 10 year one. So once you leave and want to come back you have to sit in your penalty box for your time ( 10 years it seems ) There is no visa/visa waiver program entry for you. Your wife filed a petition for you as a spouse. That petition takes about a year to go through the process and get to your interview . However because of your penalty they will say no at the interview. But if your wife writes a special petition called a waiver , she can ask that they forgive you and let you return before sitting your penalty out. You can't submit this paperwork until the embassy says NO to the original petition. After you submit the waiver paper it may be another 6 months( more or less ) before they decide if they forgive you.

[Boiler 46,102]

I went and read the OP's other posts.

So I think the situation is as follows:

He visited the US 2 years ago, VWP or B it does not really matter.

Overstayed by more than 1 year so has a 10 year ban.

Has spoken or somehow communicated with a lawyer and now understands has a ban.

Seemed to think the process would take a few weeks. Total process including waiver will be over a year.

Still seems confused about the K3, as others have pointed out the K3 will be administratively closed and he will be looking at an IR1.

He has a return flight booked for December, needs to look at December 2013, maybe later

[Boiler 46,102]

I knew that I had broken the law by staying with the status ... but I had no alternative ... since my wife has lost citizenship certificate ... that's why all these months I could not put the the 130th Petitions 485 because the migration ......... mentitio me ..? I am a spouse of a citizen ... what right do I have?? have had to return to Italy for a family emergency ... what it means. for an emergency ... that ... one must be months, not years off reviewing his own wife .... this is not right now ..... ........... visa k3 apple ... I can dream .... but the green card will apple?? kids ... what should I do??

http://www.scottimmigration.net/content/i601memo

This describes the Waiver and the process. I am going to assume you will need somebody to translate it for you.

[didopage 337]

I would add that being married to a US citizen doesn't automatically grant you any right to enter freely the US, or a green card. Getting a spouse visa takes months, if granted... So you'll have to deal with it and be patient.

If you want to see your wife in the coming months, she will have to come to Italy, or you'll have to meet in another country than the US.

Edited November 15, 2012 by didopage

[Cathi 5,784]

I knew that I had broken the law by staying with the status ... but I had no alternative ... since my wife has lost citizenship certificate ... that's why all these months I could not put the the 130th Petitions 485 because the migration ......... mentitio me ..? I am a spouse of a citizen ... what right do I have?? have had to return to Italy for a family emergency ... what it means. for an emergency ... that ... one must be months, not years off reviewing his own wife .... this is not right now ..... ........... visa k3 apple ... I can dream .... but the green card will apple?? kids ... what should I do??

Stop getting upset at the people here who are trying to help you.You broke the law by overstaying in this country(and you state you knew this above) now you have a ban, that is not OUR fault. You have NO rights as the spouse of a US citizen, especially now since you broke the law to stay here for so long. It is a privilege NOT a right to be granted a visa to the US. The only thing you can do is wait for the interview in your own country and file a waiver to overcome the ban. If you cannot understand what we are trying to tell you I suggest you hire a lawyer. Stop taking your frustrations out on people who are merely trying to help you.

[bigdog 376]

when the IR-1 visa interview takes place in Italy, expect an IR-1 visa denial at the IV unit, but be ready to file for a waiver, having waiver in hand.

It's a dead shame you and your wife not file Adjustment of Status, and get the green card, before you left the USA.

Now that you've been out of status in the USA for 18 months or more, you've incurred an automatic 10 year ban for re-entry (perhaps more than 10 years?)

so.. be patient, follow through with the two petitions and the two visa applications that are already in the queue with USCIS, and get ready for the waiver that must be filed at the IV unit in Italy.

If you want to come back to USA, that is.

Good Luck !

[Penguin_ie 5,996]

*** several topics merged and others without answers removed. Do not post more than once on an issue. If you do not answerstand the answers given, ask for clarification in this thread or get a USC/ english speaker to come on and explain the situation ****

[corayes 0]

Hi all emigrants friends .... I need answers very specific ... I was for 18 months in america .. married on a tourist visa .. for lack of documentation of my wife I was never able to fix my status also ... for my ignorance .. what a beast ..... and I had to leave the states for health problems of my family in Italy .... now I have the 130 and 129f petitions that are being decision ..... as they are being overstayi 10-year-...... I wonder what should I do derogation present to my wife ... the i601 I have the 212? whichever ... then another question .... my wife must submit the exemption in america? I have here in Italy? excuse me from a lot of ignorance of the subject ..... I look forward to many answers .... thank you .. . corrado and yesenia costanzo

[mrs behappy 0]

Hi all emigrants friends .... I need answers very specific ... I was for 18 months in america .. married on a tourist visa .. for lack of documentation of my wife I was never able to fix my status also ... for my ignorance .. what a beast ..... and I had to leave the states for health problems of my family in Italy .... now I have the 130 and 129f petitions that are being decision ..... as they are being overstayi 10-year-...... I wonder what should I do derogation present to my wife ... the i601 I have the 212? whichever ... then another question .... my wife must submit the exemption in america? I have here in Italy? excuse me from a lot of ignorance of the subject ..... I look forward to many answers .... thank you .. . corrado and yesenia costanzo

Our history are somewhat similar, first of all do you have a lawyer.

I think you'll need the application for waiver (unlawful presence), after your i130 is approved will be sent to the NVC who scored a visa interview in your home country that will be denied, they will give you a chance of forgiveness (waiver package) so after you get your waiver approved your visa will be granted.

It seems very confusing and scared, but never lose faith and god luck.

New! H

[Penguin_ie 5,996]

*** MOving from K3 visa, an obsolete visa, to Waivers forum *****

The waiver is only presented at or after interview, ie after you have been denied the visa. If you fill in your timeline, it will help us give you better answers and also help others in the long run.

[Darnell 8,479]

please to fill out your timeline.

with timeticks in a timeline, we can do some basic forecasting.

without it? I invite you to read all my prior posts in your topic.