how to return to America, married to US citizen

[Tfsen1 0]

I am a first time poster so bear with me! Also apologies in advance if this is in the wrong topic.

Ok so I lived illegally in the US for almost 2 years. I am married to an American citizen and we are expecting our first child. Due to unforseen circumstances completely out of our control we had to return to my home country in Europe. We were working with a lawyer to adjust my status and do all the paper work etc, to make me a permanent resident when we had to leave four months ago. My husband can return home anytime he likes but he does not want to leave without me, especially now that I am pregnant. We desperately want to get back to America once the baby is born but I don't know how we are going to be able to do so? I have tried getting in contact with my lawyer but with the time difference it is hard to get a hold of him. I would be so grateful for any advice for what we should do? I want my child to have the best life possible and that is growing up in America with both parents .Please someone help us. Thanks in advance

[belinda63 3,052]

Follow the guides up top. You need to find out if the attorney already filed the I-130 as this would be the start. The I-485, if already filed, is now dead. You will go through consular processing and will probably need a waiver as you have a 10 year ban for your overstay.

[Kathryn41 3,205]

Topic has been moved from Off Topic to the Waiver's Immigration related forum as a more useful location for this discussion

[RhettVoe 282]

It appears that you are now facing a ten bar to readmission, given that you overstayed 2 years and have left my country....so there is no quick route back to the US at this time....once you left my country, all of the paper processing to change or adjust your status came to a halt, and cannot be restarted....you will need a waiver, which could easily take months to process, with no assurance of getting it.

Your husband can beg, whine or complain all he wants, but at the end of the day, no consular officer can legally give you a visa of any kind....moreover, it sounds like your husband will have to file a new I 130, wait for that to arrive at the embassy of your home country, then you will be interviewed (briefly), denied under INA 212 a 9 II B, and then your husband will have to submit a waiver request, then that request will be set aside for adjudication....since you have been living somewhere in Europe for several months, trying to convince USCIS that it would be an extreme hardship to live in that country (whatever it is) will sound rather hollow...after all, where have you been living for the past several months? Yep....in that country.

[aleful 1,905]

hi

you have a 10 year ban that needs a waiver to overcome the ban and your husband has to do the hardship letter

he isn't in the US and it will be very hard for him to prove that he cannot live in your country because he is, that he needs you here in the US, that he cannot move to your country because of extreme hardship