Married to US citizen, trying to get back to US

[Littlecake 0]

2 minutes ago, Boiler said:

Intrigued as to which bit you were offended by, your Husband moving?

So sorry it was meant for the person who said comment about Trump! Thanks for your information.

[TNJ17 1,329]

16 minutes ago, Littlecake said:

No need  to be rude, I would not try to enter US without visa, I just wasn’t sure about the non-immigrant visa. I have no intention whatsoever to get in trouble, the information out there is just kind of a pain to get 

That’s actually not true. Information is readily accessible everywhere. It’s just that you’re looking for information that backs up what you wanna do and you’re not gonna find it. You can’t apply for a greencard. You can’t apply for esta. You can’t apply for a non immigrant visa. You can’t cross the border illegally. The ONLY thing you can do is have your husband petition you for a CR1 Visa. If you try to get back into the country any other way and are successful, which I seriously doubt by the way, you will never be able to adjust status. You will have to live in the shadows and fear for the rest of your life and never be legal. How exactly is that good? You’d never be able to get a job, travel anywhere, have benefits, vote, you name it. Don’t try to cheat the system, get it in your head that what you did was wrong and stupid and be happy that you’re one of the lucky ones that still have ONE last option left. Don’t screw it up by trying to cheat the systems for a few months of bliss. 

[Unidentified 2,930]

I know it is hard to be apart from your husband but everyone is going through some amount of separation before being able to live together. It's just part of the process. Embrace it. If you guys can make it through the immigration process you can get through pretty much everything. 

[Littlecake 0]

One last question. I for sure overstayed for less than 180 days, do I still need to pally for a waiver together with CR1?

[Boiler 45,956]

2 minutes ago, Littlecake said:

One last question. I for sure overstayed for less than 180 days, do I still need to pally for a waiver together with CR1?

Waivers for overstay is something you file after the interview.

[Londonergirl 133]

33 minutes ago, Boiler said:

Waivers for overstay is something you file after the interview.

Is spouses not automatically forgiven for overstaying? Or is a waiver always required?

[Boiler 45,956]

5 minutes ago, Londonergirl said:

Is spouses not automatically forgiven for overstaying? Or is a waiver always required?

If the overstay had been long enough to incur a ban she would need a waiver.

[Littlecake 0]

Just now, Boiler said:

If the overstay had been long enough to incur a ban she would need a waiver.

I believe that if the overstay was less than 180 days, you don’t need a waiver

[JFH 12,191]

3 hours ago, missileman said:

Less strict? Hardly......It doesn't work like that.  You can't just drive across the border with no valid basis for entering the US.

Because, of course, the Trump administration has encouraged people to welcome with open arms people crossing illegally from Mexico! He won the whole election based on his promise to build a wall there! And people think that border crossing is "less strict" 😂😂

[JFH 12,191]

OP, this is how you need to look at it. You were granted a privilege, a great privilege, in the form of a J-1 visa to come here. You abused that privilege by overstaying. The consequences of such are that you have lost the ability to use the VWP ever again. You can apply for a tourist visa, you are not banned from applying. Applying is just asking. But the answer is likely to be "no". Being eligible to apply for a visa doesn't mean you will definitely get one. If you let someone into your house and asked them to follow certain rules and leave by a certain time and then didn't, you'd be reluctant to let them back in again. It's the same with entry into the USA. Did you seriously think a 5-month overstay wouldn't matter? 

 

You will need to go through the CR-1 process. It takes 12-14 months. It takes as long as it takes. There is no way to make it go any quicker. We all had to wait and we didn't even break any rules regarding immigration. It is what it is. 

Edited March 11, 2018 by JFH

[Boiler 45,956]

31 minutes ago, Littlecake said:

I believe that if the overstay was less than 180 days, you don’t need a waiver

Correct

[geowrian 22,338]

1 hour ago, Londonergirl said:

Is spouses not automatically forgiven for overstaying? Or is a waiver always required?

Nope. Any overstay is not an inadmissability for AOS purposes when married to a USC, but it does not avoid a 3/10 year bar due to unlawful presence (which kicks in when you exit the US). So if you complete AOS, the overstay won't matter. If you leave the US before getting the green card, your overstay can incur a bar.

[Going through 5,671]

5 hours ago, Littlecake said:

Thank you all, I get it now. My husband is going to visit me while the process is going through. There is also a way- apply for a green card and while you are in process, you can ask for travel permit- so eventually I would get back in several months. But we can also wait and hopefully everything will work out.Thanks for setting me straight on this, guys.  Wish me luck 

You are mixing up two different immigration processes...one of which doesn't apply to you any longer since you already left the country before filing for the AOS.

 

Given your past history (the overstay, illegible for ESTA, unlikelihood of a tourist visa) you will not be allowed entry into the US until your CR-1 is approved, which takes roughly a year or so.  There is no travel permit that allows you to ENTER the States---the travel permit is something that allows a person to LEAVE the States when in the midst of immigration....ironically, if you had applied for the AOS and waited for an approved travel permit before leaving, you wouldn't be in the mess you are in now.

 

Best of luck to you---if you have any questions about the CR-1 process, ask away!

 

[maryLu 58]

What did you have stamped on your I94? Usually J1 visa has d/s stamped on the I94,  if you did have d/s you had no unlawful presence, so you are not subject to the ban. If you had a date stamped on the I94 depending on how many days you stayed passed that day you are subject to the 3 or 10 year ban. Very unlikely you will get another NIV but you should have no problem getting an IV, assuming you have no other ineligibilities.

 

Edited March 11, 2018 by maryLu

[ad8816 32]

Just curious, OP, where are you from?