galaxybear459

@DemiseThanks for the info, I will definitely look into that. Problem is I don't have a copy of his I-94. They wanted a copy for the I-130 but we didn't have it. The number was written in pencil in his old passport and was hard to read. We weren't sure of what it said exactly. We showed that and wrote a letter stating when he entered and exited, where he lived. We also mentioned that he attended school during his time there, which he did, but we did not give dates or say anything about him being in school the entire time or not. Because he entered before 2013 we can't get a copy electronically so I think I would have to submit a written request to get it which is expensive and takes months.

@Boiler His family still paid his living expenses. He lived in a very low cost of living state and this was 10 years ago. They just couldn't afford the extremely expensive private university. He never worked if that's what you are asking. He spent time with friends, studied english on his own, prepared for Toefl (required to gain admission into the state university he wanted to attend) and volunteered at an old folks home by chatting with residents, which helped to improve his english. His only indiscretion was being young and dumb and staying when he wasn't in school.

In a bit of pickle with my husbands IR1 visa case. We are very concerned he may be subject to a 10 year ban. He entered the US on a student visa in 2012 and was a student for 2 years. He had to drop out because his father couldn't cover the tuition after a job lose(abroad) but he remained in the US for 2 years. He thought it was fine to wait in the US for his dad to find a new job(abroad) because the length of his visa was until 2017. But a friend informed him that he was violating his visa. He didn't learn this until 2016 but when he did he left immediately. He left Feb 2016. He never attempted to get another visa or re-enter the US. His stay was continuous at that time. Our I-130 was approved at the end of Feb this year. My question is, if we wait until early Feb 2026 (exactly ten years since he left) to finish the NVC step, will this even be an issue. 10 years will have passed, so any penalty he could have faced should be done with right? I am abroad with him and am fine waiting another year. We don't want to, but if it means making this a non issue then we will. It's my understanding you have one year to file your documents with the NVC so it' cutting it close but we should still be able to file within the year limit. Also does it need to be 10 years before finishing the NVC, or 10 years before his interview. Like if we submit our documents in Dec 2025 and his interview is March 2026 would that be an issue? I know I probably need to contact a lawyer, we are looking for one now who has experience in this issue but we can't really afford one. Just trying to get an idea if we will be okay or not. Kind advice or knowledge/experience is appreciated.