Overstay, help! Will my husbands visa be denied?

[cholakova 0]

I would truly appreciate any feedback that I could get about this

I'm a US citizen and my husband is Bulgarian. He came to the states on a work visa, and overstayed by quite some time. He took a voluntary departure from the States last October. While here, he stayed out of trouble and paid his taxes every year.

We got married in February, and our I-130 was approved this past week!

I'm just worrying about the interview stage.... will we get all the way up to the interview and they deny him his visa? even though I'm a citizen, and we're married?

I've heard this might be an issue, and a waiver will have to be filed. I hope this is not the case and I'm hoping that they will overlook his overstay; this time apart from each other is literally unbearable.

is this possible? What could be possible outcomes?

[Boiler 46,242]

_{How long did he overstay?}

[newacct 688]

Need more information. Like what status was he in. He stayed past the date on his I-94?

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[Boiler 46,242]

More likely Waivers.

[cholakova 0]

6 years. If a waiver is going to be necessary, what exactly determines if you're going to suffer "extreme hardship"? And is there any possibility of a waiver not being necessary ?

He was also never forced to leave the country or seen in front of an immigration judge

[Boiler 46,242]

So he has a 10 year ban and will require a I 601 to be filed once he has been refused a visa at his interview, adds about 6 months to the process. Do you intend using a Lawyer for the waiver?

Edited September 22, 2015 by Boiler

[cholakova 0]

Theres not even a slight chance he won't be denied? And I'm not sure, would a lawyer help my case? And if you fill out a waiver, in the midst of it being reviewed I won't be able to go visit my husband correct? Because it voids the waiver?

Edited September 22, 2015 by megancholakova

[Boiler 46,242]

How would they miss a 6 year overstay and a VD?

Not sure why you think you can not visit.

Waiver is a bulky package, not sure what you think is involved.

[Transborderwife 4,666]

Theres not even a slight chance he won't be denied? And I'm not sure, would a lawyer help my case? And if you fill out a waiver, in the midst of it being reviewed I won't be able to go visit my husband correct? Because it voids the waiver?

A lawyer may make it easier on you to file but isn't necessary and cannot do anything more than you can. You can visit him but still do have to prove that you couldn't stay and live with him. No, no chance that he won't be denied.

Hardships can include medical, children, being sole caregiver to a relative, financial, etc

Edited September 22, 2015 by Transborderwife

[Hypnos 6,578]

It should be pointed out that he would need to document why it would be a hardship to you if he were not admitted to the US, not him. These types of waivers aren't especially complicated, though many people choose to have an attorney handle it for them.

Unfortunately there is no chance that he doesn't have a ban. Since he overstayed by at least 365 days past the expiration date on his I-94 then he has a ten year bar which was triggered the day he left. As Boiler stated, expect the I-601 waiver process to take around six months, although the median time frame recently seems to be closer to 3-4 months. He cannot file the waiver until he has been found inadmissible by the embassy, but you can at least begin to prepare it now.

Edited September 22, 2015 by Hypnos

[AB loves AG 54]

will we get all the way up to the interview and they deny him his visa? even though I'm a citizen, and we're married?

Being a US citizen and married to a foreign national gives you no special immigration rights. I thought the same thing when I was going through the process, I found out early on I was wrong.

[madtownguy 164]

Theres not even a slight chance he won't be denied? And I'm not sure, would a lawyer help my case? And if you fill out a waiver, in the midst of it being reviewed I won't be able to go visit my husband correct? Because it voids the waiver?

Yes there is a chance he won't be denied. Anything is possible. I don't understand why you guys got married and then he left the U.S. If he was still here it would make it easier on you. Maybe I missed something. Good luck.

[Maritah 101]

Ban for 10 years for overstay. Waiver process in the future. Gonna take some months more, but will not be impossible. Hangin there!

Good luck with your journey.

M.

[cholakova 0]

Yes there is a chance he won't be denied. Anything is possible. I don't understand why you guys got married and then he left the U.S. If he was still here it would make it easier on you. Maybe I missed something. Good luck.

We didn't get married in the U.S., unlike others, we didn't marry in the US just to fix his status, we married overseas because we wanted to be married, and form a life together- not fix paperwork.