I-130 and K-3

[sowens 0]

We filed our I-130 and are going to send our K-3 this week, but after having a conversation with someone about our situation I am under the impression that we are now doing this wrong. Heres the situation... My husband came to the states on a visa waver, we were told that after we got married he could stay as long as we were filing for his residency, due to some extreme hardships(financially) and such we were unable to file straight away, during this time my husband had overstayed his visa. We had talked with a customer service rep at USCIS and she told us that he should have to leave the country because he was over his visa and we hadnt filed...blah blah blah. Shortly there after we found out he didnt have to actually leave. Now we are living apart and filing the forms we were directed to file, my question is, did I file the proper form when I filed the I-130. I am now under the impression that we will have alot ore paperwork and that I filed the wrong one first. Thanks in advance to anyone who can help.

Praying every day that we get thru this mess and missing my husband more than ever.

[Boiler 45,486]

http://www.visajourney.com/forums/index.ph...om&page=k3guide

Assuming he has now returned to Ireland.

How long did he overstay?

[sowens 0]

http://www.visajourney.com/forums/index.ph...om&page=k3guide

Assuming he has now returned to Ireland.

How long did he overstay?

He overstayed by 5 months and yes he is now back in Ireland.

[aussiewench 9]

The I-130 is filed before the I-129F, if that is what you are asking. There is very little to file initially with the I-130. Did you have a look in the Guides at the top of the page to make sure you filed everything that is required? If not they will send you an RFE for whatever is missing. Are you sticking with the I-130 on its own for the CR-1 visa or are you also going to be filing the I-129F for the K-3?

[sowens 0]

The I-130 is filed before the I-129F, if that is what you are asking. There is very little to file initially with the I-130. Did you have a look in the Guides at the top of the page to make sure you filed everything that is required? If not they will send you an RFE for whatever is missing. Are you sticking with the I-130 on its own for the CR-1 visa or are you also going to be filing the I-129F for the K-3?

No actually that wasnt what I was asking, that much I was able to get right...ha ha. But someone had told me that because myhusband had overstayed his visa (5 months) That we would be rejected and directed to file more paperwork that would lift a ban on him before refiling. Thanks for the help Aussiewench