NVC Stage and next steps

[Imohotep421 0]

Hello All....Mew to this site....

First, me and my wife have been fortunate that our documents have gone through the system very fast. For example our I-130 was accepted and processed in two weeks. Anyway, we have had delays on our part with translations from Portuguese to English. Those issues where resolved this past week and DS-230 packet will be submitted this week.

My question involves my wifes overstay. She overstayed her B-2 VISA and is subject to the 10-year bar, I think. You see I spoke with a person at Customs and Boarder Patrols Admissability department in WAshington DC and she stated that if my wife has not attempted to re-enter then she was not subject to the bar. However, the information I have gathered seems to contridict this by say that the individual is subject to the bar upon leaving the United States. This is some what confusing. However I do acknowledge that she did overstay for 1 year and 20 days due to mis-information and my employment (our fault).

Ok, to the question, I have filled out the DS-230 honestly by answering yes to question 40 H and giving exact entry and departure dates. SO are we looking at the VISA not being approved? Does anyone have any information on this issue if you are up front on all information? Also if not approved I have been preparing the I-601, is there any new information out there regarding the I-601 process? I know that they added the I-601A for people who are still in the US.

FYI:

Married for 5 years

Wife entered with inspection

Overstayed

Returned when I realized the overstay ( I work for DoD as a civilian with security clearance.....JAG officer gave me information based on active duty military....still my fault)

Wife has been back in Brasil for two years...she has stayed to help her mom out due to her dads death

I have been traveling back and fourth

We have a child together...he is registered (FS-240) with the consulate and is both American and Brazilian

Currently in Brasil for interview when scheduled...on 3 month leave

Thanks in advance for any and all assistance.

Imohotep421

[mrs behappy 0]

Hi, our cases is similar, i entered with inspection ( b2 visa) and overstayed too, i'm the wife and i just have my interview at the Consulate in Rio, They had all doc NVC sent, interview was nice but lot of questions (in my case) he explained the reason why he was denying my visa, (10 years ban for overtay more the 1 year) and said also that I could apply the waiv

I do not believe there is any news on the immigration laws that protect families outside the U.S., the only way unfortunately is the existent process or request an expedite you have any emergency.

good Luck!!!

[Imohotep421 0]

Mrs. Behappy

Thank you. I expect the denial of VISA and filing of I-601.

Muito Obrigado

Imohotep421

[Ryan H 3,821]

Moved from IR-1/CR-1 Process & Procedures to Waivers forum; OP's wife has a ban (10 years) and will require a waiver in order to receive a visa prior to the end of period of the ban.

[ShirahBet 42]

Either way, you must be honest and up front at the interview, if not, it's misrepresentation. Since you've worked for DoD, I'm sure you're familiar with how serious that could be

The first question they asked my husband at the interview was - so how long were you in the United States? After he answered, she said, you know the law is the law, right? And he answered and then she started the rest of the interview. So they know ahead of time!

[Imohotep421 0]

Thanks to all for the input....

I have been honest on all documents, and I have also included supplemental information on the overstay, and finally I have prepared for the I-601.

Imohotep421