please help

[lisamtuk 0]

I came to US 18 months ago on a k1 visa with my children on k2s we married before the 90 day period but due to work problems was not able to save enough for AOS before time .I now have to return to the UK due to my mother being extremley ill can anyone tell me where i stand on returning back to my husband when the time comes will i have to go through the process of k1 again or will i be refused due to not getting AOS i feel like our whole life is upside down at the moment

[Hypnos 6,578]

If you are now married then you are ineligible for a K-1, which is for unmarried individuals only.

Your husband would need to file an I-130 seeking a CR-1 immigrant visa for you; you should expect this process to take around a year for the I-130 to be approved.

Unfortunately, since you have at least 365 days of overstay you will receive a ten year bar from the US which will be triggered the day you leave. Once the I-130 is approved your husband would then need to file an I-601 waiver to try and overcome your inadmissibility.

You will not be able to visit the US again, on any visa or the VWP, until the waiver is approved, and if the waiver is denied you are barred for the full 10 years.

You will need to ask yourself whether this is a cost you are willing to pay to return home to see your mother, since you may not be allowed to return to the US for a substantial amount of time if the waiver is denied.

Edited February 16, 2014 by Hypnos

[aleful 1,905]

hi

unfortunately you are between a rock and a hard place, if you leave, it will be harder for you to return. you will have to go through consular processing, be denied and you will have to file the i601 waiver and your husband file the hardship letter to overcome the 10 year ban that you have

since you have lived here for more than 1 year, when you leave, it will trigger a 10 year ban that can only be overcome with a waiver and the hardship letter

your husband will have to prove hardship because you cannot return and reasons for why he cannot move to your country

you should think about it.

[aaron2020 11,651]

If you leave the US, it will probably take 2-3 years for you to legally come back to the US if you are granted the discretionary waivers. It would be 10 years if the waivers are not granted.

How important is it to see your mother, and is it worth risking having a 10 years ban from the US where your children are living?