want to bring my wife to US

[informationonly 0]

My wife was deported in March 2011 and we were married in 2014.I filed a petition for her and in 2015 she was denied an immigrant visa because of her deportation and was told she had to wait 10 years from her date of deportation. I am trying to figure out what to do now. Do I re-file a petition for her and before I do that do I file an I-212. Her 10 years will be up next year. She left voluntarily after overstaying her visa. Any help is very much appreciated. Thank you

[Quarknase 1,072]

57 minutes ago, informationonly said:

My wife was deported in March 2011 and we were married in 2014.I filed a petition for her and in 2015 she was denied an immigrant visa because of her deportation and was told she had to wait 10 years from her date of deportation. I am trying to figure out what to do now. Do I re-file a petition for her and before I do that do I file an I-212. Her 10 years will be up next year. She left voluntarily after overstaying her visa. Any help is very much appreciated. Thank you

Being deported and leaving voluntarily are two very different things. Which one is it?

[informationonly 0]

omg , you're right, I have been saying "deported" mistakenly. She actually left USA after so many years with her son that was born here. She wasn't deported. Thank you for bringing that to my attention.

[geowrian 22,338]

If she was deported, she likely had a 5 year bar. It sounds like she left on her own so this doesn't apply.

 

Due to her overstay, she had either a 3 or 10 year bar depending on how long the overstay was. I'm assuming it was the 10 year bar here.

If the bar is expired, there is nothing you will need to do. If it is not expired, she will be refused the visa until it expires or is waived.

There is no point doing a waiver here given the timeframes. It takes a round a year or so to process the waiver, and you can't file the I-601 (for overstay) until after she interviews and is determined otherwise eligible for the visa.

 

Whether you need a new petition or not depends on what has happened with the existing one. Presumably the visa registration has long expired and the petition was sent back. It may or may not have been destroyed. If it's still around, you can use that, albeit I believe you need an I-824 to have USCIS send it to NVC again. Othewise you need a new petition.

 

Edit:

7 minutes ago, informationonly said:

omg , you're right, I have been saying "deported" mistakenly. She actually left USA after so many years with her son that was born here. She wasn't deported. Thank you for bringing that to my attention.

Were the hospital bills paid for by her? Were any public funds used?

Edited May 12, 2020 by geowrian

[informationonly 0]

Great, thank you so much. I believe she had charity care of the hospital where she had her son. I can check with her. In order to file the I-824 or another petition do we have to wait until her 10 year anniversary. or can I do that now, (there is still 10 months left in this 10 year bar) Yes she was in USA for 12 years. The interview was great the officer at the embassy apologized to her that she could not grant her the visa. She was a victim of domestic violence in USA and they understood what she went thru. Thank you again for the information.

[geowrian 22,338]

Just now, informationonly said:

Great, thank you so much. I believe she had charity care of the hospital where she had her son. I can check with her. In order to file the I-824 or another petition do we have to wait until her 10 year anniversary. or can I do that now, (there is still 10 months left in this 10 year bar) Yes she was in USA for 12 years. The interview was great the officer at the embassy apologized to her that she could not grant her the visa. She was a victim of domestic violence in USA and they understood what she went thru. Thank you again for the information.

I think that's fine for the birth then...it does not appear to be a public charge issue at least.

You can file an I-824 or I-130 prior to the ban expiring. The ban only applies to the visa part of the process, not the petition. I would just make certain to verify the current status of the petition before filing anything. If unsure, contact USCIS.