I-601 for any re-entry?

[theobsidian 0]

Hello all!

I'm Kayleigh. I'm a 21 year old American citizen. My husband, Sam, is a 20 year old Dutch national. I'm not sure if I'm posting this in the correct section of the forum. If so, I am sorry!

A little background:

In August 2011, Sam came to America under the visa waiver program, and we were married in October. He ended up staying with me in America until we both came back to the Netherlands in May of 2013. We couldn't save up the money for his Green Card, and eventually decided to give up and go to Holland instead of submitting for AOS. While in the US, he did not work, and did not get into trouble with the law or anything like that. He pretty much just existed in the US.

When Sam came to the US in 2011, he did not receive an i-94 form when going through passport control, only a stamp. I'm not sure if this is normal with the VWP, but either way, he wasn't given one. Also, when we left from JFK and went through passport control here in Holland, he did not receive a stamp from the Dutch passport control officer at Schiphol Airport (that he returned). I know that he should have a 10 year bar from reentry, but given the lack of physical evidence that WE have, is there a way we may have avoided triggering his bar? Is there a way to find out for sure if he is barred from re-entry?

Now, I've posted this under the i-601 because:

We are now back in a long distance relationship, and I don't like being the only person travelling back and forth on horrendously long plane rides. What I would like to know is if he/we can submit i-601 to waive his bar (if he, in fact, has one) so that he can VISIT me. We would both like to live in Holland in the future and have no plans to live permanently in the USA. The only reason we were going to get a green card for him was so he can stay with me while I attended college in the US. I understand that from now on he will always need some kind of visa instead of travelling via the VWP, but I am just wondering if it's possible to use the i-601 to lift the bar so he can travel to and visit me in the USA.

Thanks so much in advance, guys!

[belinda63 3,041]

There might be a waiver program for tourist visas but I can't find anything. The I-601 is for people applying to immigrate to the US and you must show extreme hardship to yourself if he were not permitted to immigrate. Even if there is a waiver available for a tourist visa his chances are .00001% of being approved. He has a spouse who is a US citizen and currently living in the US and he has already had a history of overstaying. Even after the 10 year ban has passed his chances are slim to none to ever obtain a tourist visa to the US unless he can show extremely strong ties to his home country.

[Cathi 5,782]

You will have to petition an I 130 on his behalf and when the visa is denied at the embassy you will file the waiver and prove extreme hardship

[theobsidian 0]

There might be a waiver program for tourist visas but I can't find anything. The I-601 is for people applying to immigrate to the US and you must show extreme hardship to yourself if he were not permitted to immigrate. Even if there is a waiver available for a tourist visa his chances are .00001% of being approved. He has a spouse who is a US citizen and currently living in the US and he has already had a history of overstaying. Even after the 10 year ban has passed his chances are slim to none to ever obtain a tourist visa to the US unless he can show extremely strong ties to his home country.

Thank you! I thought so, but I just wanted to make sure.

For the i-130, I would wait until it was denied, and then send in the i-601? Instead of sending it with the i-130 packet? (for future reference)

[belinda63 3,041]

yes

and it must show why you would suffer extreme hardship if he is not permitted to immigrate and why you can't live with him in his country

[milimelo 4,539]

Well if he is not immigrating, then he'd need the non-immigrant waiver - 212 (d)(3) in the form of I-192. But the catch is that he can't apply for it himself, as overstay was on VWP, a consular officer has to recommend him for it and submit it to USCIS for final decision by CBP. For that, he'd need to apply for a tourist visa, go to an interview and hope [enough time has passed] that CO would recommend him for the waiver and send it to USCIS.

Given your ages, highly doubt you can prove professional and familial establishment in the Holland to overcome 214b especially with you being his USC wife.

He can always try for a tourist visa, but don't get his hopes up for the waiver.

Here's some info on the waiver I found online: http://www.smartimmigrationlawyer.com/i192-waiver/

[ShirahBet 42]

I also want to point out that just because there was no I94 given or anything at customs/passport control doesn't mean that they don't have a record. They didn't stamp my passport upon return from my last entry, everything is electronic now. I guarantee they know about it. My husband didn't had a new passport when he left the from his country, didn't have his I94 and wasn't stamped upon entry to his home country and trust me, they knew about it at the interview.

I want to clarify an earlier post as well where you asked if you get denied at the I-130 and then submit the I-601 and someone stated yes. This is not the case. The I-130 process/601 waiver is for immigration, not visitors. Additionally, a denied I-130 means they don't believe there is a valid relationship from the get-go. If you go this route, you actually wait for the I-130 to be approved, then go to the National Visa Center and submit all those forms, go through the interview... then get denied at the interview and be told what your options for waiver are there at that point.

As was pointed out earlier, however, for a waiver, you do have to prove extreme hardship to YOU as the qualifying relative. It's long process. We submitted our waiver approximately 6 months ago (at the end of this month, it'll be 6) and there's still no movement. None of the cases with the same priority date as mine have been touched.

[NigeriaorBust 4,087]

TO make matter worse you have already spent time in his country demonstrating that you can live there. ( one of the elements of the waiver is that you can't immigrate to his country )

[ShirahBet 42]

TO make matter worse you have already spent time in his country demonstrating that you can live there. ( one of the elements of the waiver is that you can't immigrate to his country )

That's generally easy to overcome in a waiver if there are financial responsibilities or lack of work/educational opportunities that she has discovered there. I have seen several approved waivers where the USC has spent a few years in the spouse's country and then suffered extreme hardships as a result.

[NigeriaorBust 4,087]

That's generally easy to overcome in a waiver if there are financial responsibilities or lack of work/educational opportunities that she has discovered there. I have seen several approved waivers where the USC has spent a few years in the spouse's country and then suffered extreme hardships as a result.

Proving you can't live in a first world country is hard. Having shown you have done so makes it harder. The Waiver will not be a cake walk for this couple. Doable maybe but not quickly nor cheaply

[ShirahBet 42]

Proving you can't live in a first world country is hard. Having shown you have done so makes it harder. The Waiver will not be a cake walk for this couple. Doable maybe but not quickly nor cheaply

Someone who was living with their spouse in a developed country recently had their waiver approved. No waiver is easy, a cake walk or cheap. Just saying that it is possible. You just need to have the right arguments and the right evidence.

Edited January 19, 2014 by ShirahBet

[belinda63 3,041]

I think her living in the US is only a temporary thing anyway. She is finishing school here and wanted her spouse to be able to visit.Given the length of time for the I-130 process then the waiver process added after that she might as well not bother. She states they are going to live in Holland so no point in going through a two year process.

[commandergirl1 12]

We are finally at the NVC stage and submitted all paperwork. Awaiting a interview date. I am pretty sure my husband will be denied a Visa because he will probably require a immigrant waiver (I-601). are we going to have to file this at USCIS and wait another 11 months for this stupid waiver or can we beg and plead to do it at the embassy in Montreal?? I think this is all #######! the crime he did was a stupid bar fight 17 years ago. And has been pardoned off his record in Canada but the U.S apparently does not recognize Canadian pardons.

[Jawaree 718]

People from Canada , UK & other 1st world countries get waivers approved every day

at all ages.I think U should file DCF (it goes a bit faster, with the help of an atty) U have to

prove US domicile ,so U return set up home , a bank account, current US license, a bill , it

could be your parents address and go back to do interview with him (if U R both married) then

they will deny visa & have U do the waiver. A good waiver atty can walk U thru

a D(3) visa is hard to get if U both R married , its temp, cannot adjust on, and iffy with

past over-staytrust me CBP got the travel info on him, dont try anything slick & get a lifetime ban

The USCIS recognizes NO pardons even in the US

Edited January 28, 2014 by Jawaree