Spouse overstayed tourist visa in US and left during pandemic

[NYL99 0]

Hello all,

I am in a difficult situation. My spouse originally from Europe came to the US when she was 18 and stayed for 8 years without a proper visa. We got married back in 2019 and hoping to get her status updated but Covid happened and she had some family situation that forced her to go back to her home country in EU. Since she went back without her visa/green card process started, I believe she's now barred for 10 years from coming back to the states. My question is that are there any alternatives to waive the 10 year bar or what are the options available for her to come back?

Unfortunately, she had to leave and see her family right after we got married at the NYC Townhall so nothing was filed. She regret it so much right now but it was a serious family situation  I did seek a lawyer's advice and he told me only way for her to come back was for us to have a baby together and seek a waiver then.

 

Thank you!

Based in NYC

[Crazy Cat 41,984]

Sounds like she has a 10 year bar to enter the US.  You can proceed with the spousal visa process asap.  At the visa interview, the Consulate Officer will evaluate the case, and inform her if a waiver is available at that time (otherwise admissible).  Many people are successful. 

Edited April 6, 2022 by Crazy Cat

[Verrou 1,962]

even with baby she wont be able to come back if she didnt file for a waiver. so to answer the question, baby its not the key to get an approved waiver. 

[Crazy Cat 41,984]

15 minutes ago, NYL99 said:

I did seek a lawyer's advice and he told me only way for her to come back was for us to have a baby together and seek a waiver then.

Comical and unbelievable  advice from an attorney.  

Edited April 6, 2022 by Crazy Cat

[Boiler 45,733]

When she interviews and assuming this is otherwise approvable she will be offered to file a waiver, I 601, but you are a long way away from an interview, you need to file a I 130 first

[Dashinka 24,635]

Here is the guide for the CR1/IR1 spousal visa process.

 

 

[Chancy 6,242]

*** Moved from AOS from Work/Student/Tourist Visas forum to Waivers forum, where topics related to visa cases requiring waiver for 10-year bar are discussed ***

 

[aaron2020 11,651]

Hi,

 

There are no alternatives.  Only one way to go.  I-130 --> denial for immigrant visa. --> file waiver.  This will take years.  

Best of luck.

[little immigrant 801]

Do not make a baby for immigration purposes. It won't work. Sounds like you're going to Europe for a while. I know Americans can be in Germany to be with their spouse they have to learn A1 level German. Not sure which country you're spouse is though your time-line and profile is incomplete 

Edited April 6, 2022 by little immigrant

[millefleur 5,047]

On 4/6/2022 at 9:16 AM, NYL99 said:

I did seek a lawyer's advice and he told me only way for her to come back was for us to have a baby together and seek a waiver then.

Whatever lawyer told you this needs to be disbarred. Having a baby does not have any bearing on the ban whatsoever. The posts above have given the correct advice: file for the spousal visa and then go the waiver route. Since she's barred from visiting in the meantime, you'll just have to visit her in her home country or consider meeting up in a 3rd country.

 

On 4/6/2022 at 9:30 AM, Crazy Cat said:

Comical and unbelievable  advice from an attorney.  

Should be the Hall of Shame for "worst immigration advice given by an attorney."

[SalishSea 17,970]

On 4/6/2022 at 7:16 AM, NYL99 said:

Hello all,

I am in a difficult situation. My spouse originally from Europe came to the US when she was 18 and stayed for 8 years without a proper visa. We got married back in 2019 and hoping to get her status updated but Covid happened and she had some family situation that forced her to go back to her home country in EU. Since she went back without her visa/green card process started, I believe she's now barred for 10 years from coming back to the states. My question is that are there any alternatives to waive the 10 year bar or what are the options available for her to come back?

Unfortunately, she had to leave and see her family right after we got married at the NYC Townhall so nothing was filed. She regret it so much right now but it was a serious family situation  I did seek a lawyer's advice and he told me only way for her to come back was for us to have a baby together and seek a waiver then.

 

Thank you!

Based in NYC

You are in for a process that will take years and years to complete.

 

If you want to live together in the interim, you will need to move there.