cr1 visa and overstayed record

[jlai 0]

Hi,

I am a us citizenship married to a malaysian wife. Currently, I am working legally in Malaysia. I wanted to apply a cr1 visa for my wife as we intend to settle down in the States. For your information, before we got married we applied for a K1 visa but got denied as my wife has a overstayed record in the States and she was barred to enter the States for 10 years. Anyhow, she is eligible for a waiver.

We did not go for the waiver and instead we got married. So after one year of living in Malaysia, we felt that we still prefer live in the States. My question are as follows :-

1. Are we still eligible to apply for a cr1 visa?

2. For our case, is it advisable to employ an immigration attorney?

3. What is the changes of getting the visa approved.

Thank you very much

[Hypnos 6,576]

1) Yes (since you're now married, this is the only immigrant-oriented visa your wife qualifies to file for).

2) Probably, since she will need to file an I-601 (waiver of inadmissibility).

3) For the I-601 to be approved, your wife must be able to demonstrate why it would be a hardship to you, not to her, if she was not admitted to the US. This can often be a high bar to reach, and it's usually a good idea to lawyer up at that point.

Edited August 28, 2013 by Hypnos

[jlai 0]

1) Yes (since you're now married, this is the only immigrant-oriented visa your wife qualifies to file for).

2) Probably, since she will need to file an I-601 (waiver of inadmissibility).

3) For the I-601 to be approved, your wife must be able to demonstrate why it would be a hardship to you, not to her, if she was not admitted to the US. This can often be a high bar to reach, and it's usually a good idea to lawyer up at that point.

Hi Hypnos,

Thank you very much for your reply and advice. Guess I shall get a good lawyer for my case.

[jlai 0]

Hi,

Actually I am back in New York, US for a short break. Just wondering if anyone can recommend a good lawyer with experience in dealing with such cases.

Thanks

[aaron2020 11,651]

Call the local bar association. Google the American Immigration Lawyers Association (AILA). You can find recommendations for a local lawyer from them.

[NigeriaorBust 4,087]

If she has been out of the US for 10 years then the bar is over

Otherwise you can apply , she will be denied at interview, you can present the waiver and it MAY be approved to allow her in

[jlai 0]

thanks for everything

[jlai 0]

Hi,

I managed to find a lawyer from AILA. He is Mr Robert F Belluscio from Flushing, New York. Anybody heard of this lawyer before?

Thanks.

[jlai 0]

Hi members,

I have my case filed in October 2013. I received my NOA 1 in October 2013 from Parkland Kansas. I am from New York. I just got a message from USCIS says that my case has been transfer to local USCIS office for further processing. It says that the new office has jurisdiction over my case and will send me a decision as soon as processing is complete or I will be notified if further information or action is needed.

Has anyone come across something like this? I don't understand what do they mean by local USCIS office?

Thank you.