CR1 Experience

[daninew 0]

Hello, does anyone has the experience of doing the Consular process  (CR1 visa) from home country, after overstay in US on J1, marriage, and volontary departure? 

[designguy 1,179]

How long was your overstay 

[daninew 0]

It was 1 year and 2 months, with D/S on I-94

[Canerican 242]

2 hours ago, daninew said:

Hello, does anyone has the experience of doing the Consular process  (CR1 visa) from home country, after overstay in US on J1, marriage, and volontary departure? 

OP,

 

Are you looking for the process known as Direct Consular Filing (DCF) where you directly apply to the United States Citizenship and Immigration Service (USCIS) or Consulate in your country OR are you looking for the regular process in which the US spouse files an I-130, Petition for Alien Relative, and I-130A, Supplemental Information for Spouse Beneficiary, from the US and you wait in your home country for an interview at the Consulate. 

 

Also please update your profile so that others can assist you better. If we don't know what country you are from we cannot research and inform you if DCF is an option.  

 

 

1 hour ago, designguy said:

How long was your overstay 

 

1 hour ago, daninew said:

It was 1 year and 2 months, with D/S on I-94

Due to your overstay being more than a year there is a 10 year ban but I believe this is forgiven for beneficiaries of US spouses. Please wait for someone else to respond for this part of the post as I do not want to give you incorrect information.

[designguy 1,179]

3 minutes ago, CDN(ON)-USA(VT) said:

Due to your overstay being more than a year there is a 10 year ban but I believe this is forgiven for beneficiaries of US spouses. Please wait for someone else to respond for this part of the post as I do not want to give you incorrect information.

The only way forward now for OP is to get a waiver, however there is no automatic forgiveness for US spouses There is forgiveness for overstays when an immediate relative adjusts status from within the US, however the second they leave the ban is in place. The OP will now need to prove extreme economic hardship or medical consequences for the US petitioner in order to receive the waiver

[daninew 0]

@designguy May I ask, are you a lawyer?

[designguy 1,179]

34 minutes ago, daninew said:

@designguy May I ask, are you a lawyer?

nope

[gregcrs2 1,778]

2 hours ago, daninew said:

It was 1 year and 2 months, with D/S on I-94

https://www.uscis.gov/legal-resources/unlawful-presence-and-bars-admissibility

 

 

[HRQX 4,145]

6 hours ago, daninew said:

It was 1 year and 2 months, with D/S on I-94

How did you calculate it? "For persons who have been admitted for duration of status (DOS) (as is usually the case with aliens in A, G, F, J, and I visa status), unlawful presence will not accrue unless DHS, IJ, or the BIA finds a status violation in the context of a request for an immigration benefit or in the course of removal proceedings. This finding of status violation by the DHS, an IJ, or the BIA will cause a period of "unlawful presence" to begin. In DOS cases where DHS or an IJ or the BIA makes a formal status violation finding, the alien begins accruing unlawful presence on the date of the finding (i.e., the date the finding was published /communicated. For example, if an applicant presents a letter from DHS dated December 1, 2008, that says the applicant was out of status starting on May 28, 2001, the applicant began to accrue unlawful presence as of December 1, 2008, not May 28, 2001." https://fam.state.gov/FAM/09FAM/09FAM030211.html