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cholakova

Overstay, help! Will my husbands visa be denied?

By cholakova in IR-1 / CR-1 Spouse Visa Process & Procedures

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

***Hijack posts split off and one non-constructive post removed. Either answer the OP's questions when posting in this thread and do so constructively or do not post. Additional transgressions will be actioned accordingly. ***

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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allyinchicago Enthusiast

allyinchicago   8

Posted
Filed: IR-1/CR-1 Visa Country: Palestine
 Timeline
Posted

we had to do the waiver! he was in the Us for 2 years and left on his own. at the interview they said everything was fine but he was denied because of they overstay. did the waiver and he was approved after 4.5 months and he's home now !! but research everything you can about the i601 waiver there are a ton of approved and denied letters. I did ours on my own, no lawyer

meet Sept 2008 in Chicago
He left back to Palestine Aug 2010
I went to Palestine May 30,2012
6/13/2012 Married in Palestine
7/04/2012 arrived back in Chicago
7/25/2012 mailed in I-130
7/26/2012 NOA 1 arrived. to be serviced in California
3/3/2013 our baby was born !!!!

6/17/2013 Case transferred to Local city

11/13/2013 interview at Chicago

1/27/2014 RFE DNA test

3/7/2014 RFE completed and mailed in

5/12/2014 **I-130 APPROVED** !! 652 days

6/3/2014 NVC received case

7/11/2014 choice of agent signed

7/19/2014 pay AOS bill, send aos packet

7/22/2014 NVC received AOS papers

8/20/2014 send IV packet

8/25/2014 NVC received IV papers

8/27/2014 pay IV bill

9/9/2014 DS-260 completed

9/15/2014 AOS checklist

9/24/2014 NVC scanned aos

10/29/2014 "paid" turned to "n/a"

10/31/2014 called NVC and confirmed case complete

11/4/2014 email with interview scheduled

12/15/2014 INTERVIEW

02/20/2015 I-601 waiver received @ Nebraska

07/14/2015 I-601 waiver APPROVED

8/10/2015 ceac changed from refused to ready

8/12/2015 visa was issued !!!!!!

8/25/2015 POE Chicago, no questions asked about waiver

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JayJayH Proficient

JayJayH   546

Posted
Filed: Lift. Cond. (apr) Country: South Korea
 Timeline
Posted

Just to clarify on your intitial question if visiting him voids the waiver case - It depends.

It depends what hardship you're claiming in the waiver - Is the hardship you're claiming something that would prevent you from visiting Bulgaria?

If yes, then visiting him may hurt your chances.

If no, then go visit.

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Boiler Grand Master

Boiler   45,541

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No problem visiting Bulgaria, popular holiday destination.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Harmonia Enthusiast

Harmonia   211

Posted
Filed: Timeline
Posted

He will have to do a waiver. The ban isn't at the adjudicator's discretion. He will go to his visa interview and get a paper denying him and saying he's able to file a I-601 waiver for a 10 year ban due to overstay of 6 years. Start preparing the waiver packet now. Its not just a form to fill out. You have to show 2 things:

1) why you can't live in Bulgaria with him for 10 years

2) why you can't live in the US, alone, without him for 10 years

You can use economic, health, social, educational, and other hardships to show extreme hardship. Please do check out immigrate2us.net, where there are many approved waiver letters and examples of evidence to prove your case.

He can submit the waiver to USCIS, to a lockbox in the US, right after he's denied. It takes about 6 months to adjudicate. You absolutely can visit. It could potentially strengthen your waiver if you're able to say you've spent time in Bulgaria and know for certain that you cannot live there.

Once the waiver is approved, he will need a 2nd visa interview and medical exam. Once he is approved, then he can come back. Good luck!

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cholakova Apprentice

cholakova   0

Posted
Filed: IR-1/CR-1 Visa Country: Bulgaria
 Timeline
  • Author
Posted

He will have to do a waiver. The ban isn't at the adjudicator's discretion. He will go to his visa interview and get a paper denying him and saying he's able to file a I-601 waiver for a 10 year ban due to overstay of 6 years. Start preparing the waiver packet now. Its not just a form to fill out. You have to show 2 things:

1) why you can't live in Bulgaria with him for 10 years

2) why you can't live in the US, alone, without him for 10 years

You can use economic, health, social, educational, and other hardships to show extreme hardship. Please do check out immigrate2us.net, where there are many approved waiver letters and examples of evidence to prove your case.

He can submit the waiver to USCIS, to a lockbox in the US, right after he's denied. It takes about 6 months to adjudicate. You absolutely can visit. It could potentially strengthen your waiver if you're able to say you've spent time in Bulgaria and know for certain that you cannot live there.

Once the waiver is approved, he will need a 2nd visa interview and medical exam. Once he is approved, then he can come back. Good luck!

Thank you so much for the help.

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