Overstayed K1 Visa after marriage (left voluntarily)

[Dreaming Dreamer 7]

Hi All!!

 

I need little bit of advice just to see where I stand. Now, I understand what I should've done and, I understand my situation is messed up, so please no negativity or saying what I should've done. I know that already I just want to clarify a few things.

 

In short, here are the facts:

 

• Entered on K1 Visa November '15
• Married November '15 (Did not adjust status)
• Child born in the US '17
• Broke up with husband and returned home (with child)  summer of '18 (did not divorce. Still married)

 

I understand I am now under the umbrella of the 10 year ban. My question is: is there no way I could move back any earlier? If my husband applied for the spousal visa, would that be immediately rejected? No there isn't anything fishy about my wanting to return. Sometimes situations have a way of working out when distance and time are added to the mix.

 

On the flip side. If that application is rejected and I wait 8 more years, will I even be allowed re-entry?

 

 

There is obviously more to the story than I've said. I just want to get some information on the facts at hand. Not the "Well you should've thought about that before you left". Please no judgement. This is a miniscule snapshot of the whole situation.

 

 

I honestly would appreciate any advice.

Edited February 11, 2020 by Dreaming Dreamer

[Boiler 45,525]

Well you will not get any judgement on this site.

 

Your Husband can petition for you, there is a waiver for overstaying, I 601, which would be filed for once the Consulate has refused the visa.

 

So all very doable, just takes time and money, I 601 waivers are usually prepared by Lawyers.

[Crazy Cat 41,887]

No judgement here.  In what country do you currently reside?  The spousal visa process currently take 12-16 months from filing to interview......then waiver processing....as @Boiler so expertly stated.

[Dreaming Dreamer 7]

6 minutes ago, Boiler said:

Well you will not get any judgement on this site.

 

Your Husband can petition for you, there is a waiver for overstaying, I 601, which would be filed for once the Consulate has refused the visa.

 

So all very doable, just takes time and money, I 601 waivers are usually prepared by Lawyers.

Thank you so much for your response.

 

I used site before and received a few judgmental responses. Hence the paranoia re: judgement lol.

 

 

 

Ok, so we could file for this waiver even with our circumstances? I'm not familiar with the processes or forms anymore. Is this waiver for hardship? Do you know likely this would work?

 

 

1 minute ago, missileman said:

No judgement here.  In what country do you currently reside?  The spousal visa process currently take 12-16 months from filing to interview......then waiver processing....as @Boiler so expertly stated.

I'm in the UK.

Edited February 11, 2020 by Dreaming Dreamer

[Boiler 45,525]

I 601 covers many inadmissibilities, an overstay is relatively minor. 

 

It would be very unusual for a well prepared waiver to be refused. Basically based on your Husbands hardships. The child is a USC so that could be brought in as well.

[Just Paul 4,595]

2 minutes ago, Dreaming Dreamer said:

Thank you so much for your response.

 

I used site before and received a few judgmental responses. Hence the paranoia re: judgement lol.

 

 

 

Ok, I we could file for this waiver even with our circumstances. I'm not familiar with the processes or forms anymore. Is this waiver for hardship? Do you know likely this would work?

I'm in the UK.

He files an i-130 package for you and after the interview he files the I-601 waiver.

[Boiler 45,525]

For some reason I assumed the UK, well it does not really matter other than the initial IR 1 process is relatively easy, the waiver is adjudged in the US.

[Dreaming Dreamer 7]

3 minutes ago, Boiler said:

I 601 covers many inadmissibilities, an overstay is relatively minor. 

 

It would be very unusual for a well prepared waiver to be refused. Basically based on your Husbands hardships. The child is a USC so that could be brought in as well.

 

Right! Well I don't think my husband would be seen as having any hardships. He's a Sgt in the airforce and, as it stands, has no desire of leaving the airforce. So has no financial hardships at this current moment. The only "hardship" is not being able to see his daughter.

[Crazy Cat 41,887]

5 minutes ago, Dreaming Dreamer said:

 

Right! Well I don't think my husband would be seen as having any hardships. He's a Sgt in the airforce and, as it stands, has no desire of leaving the airforce. So has no financial hardships at this current moment. The only "hardship" is not being able to see his daughter.

That could be classified as an extreme hardship in my book.......where is he stationed, if I might ask?  

Edited February 11, 2020 by missileman

[Boiler 45,525]

2 minutes ago, Dreaming Dreamer said:

 

Right! Well I don't think my husband would be seen as having any hardships. He's a Sgt in the airforce and, as it stands, has no desire of leaving the airforce. So has no financial hardships at this current moment. The only "hardship" is not being able to see his daughter.

I am not a Lawyer but would feel comfortable putting together a waiver on just the limited comments you have made. Dig a bit more and there will be plenty more.

[Dreaming Dreamer 7]

1 minute ago, missileman said:

That could be classified as an extreme hardship in my book.......where is he stationed, if I might ask?  

If only you were the one to review cases!! Lol. I'd be sending you a bottle of champagne (or what's to your taste) .

 

He's stationed in AZ.

[Crazy Cat 41,887]

Just now, Dreaming Dreamer said:

If only you were the one to review cases!! Lol. I'd be sending you a bottle of champagne (or what's to your taste) .

 

He's stationed in AZ.

During my 20 year Air Force career, I knew several folks stationed in AZ.

 

Honestly, it sounds like you have a very good case.  It will take time, but it can be done....good luck.

[Boiler 45,525]

Greene King IPA

 

My assumption is that they go easier on those in the Armed Forces, nothing concrete to prove that. Certainly would be a Extreme Hardship being based in AZ, how could he move?

Edited February 11, 2020 by Boiler

[Just Paul 4,595]

You have to file the petition first.  You will have plenty of time to do the waiver.

[Dreaming Dreamer 7]

4 minutes ago, missileman said:

During my 20 year Air Force career, I knew several folks stationed in AZ.

 

Honestly, it sounds like you have a very good case.  It will take time, but it can be done....good luck.

Thank you so much for your help!!!