I was deported With an approved I-130. How do i come back

[frederic 0]

Hello. I was deported 8 and a Half years (in april 2006) ago from US with a 10 years bar for overstaying my student visa. My us citizen wife with whom I was married in 2004 filled I-130 petition on my behalf that was approved just a few months before my deportation. Assuming that I will be able to used my approved I-130 to get an immigrant visa after the ten years, I would like to know where to start from and knowing that I still have about one and a half year to go with the bar, Is it the wright time to start the process.

[kzielu 1,144]

Are you still married (since you said "was") ?

[Boiler 43,397]

I was wondering the same.

[Mollie09 1,543]

I understood that they were married in 2004, as in the wedding took place in 2004.

Right?

[Boiler 43,397]

Maybe, not what was said.

[NigeriaorBust 4,087]

_{IF you had a petition approved years ago why didn't you go to an interview and file hardship waivers after being denied. If nothing has happened with the petition then it is probably closed for inactivity. You may have to start all over again.}

[JohnR! 5,495]

Your approved I-130 is no longer valid. If you're still married your wife can initiate the IR process by filing a new I-130 for you and at some point in the process file a request for waiver of your 10-year ban, which in the case of spouses of US citizens is more often than not a mere formality. Having said that however, considering your history with the USCIS and that Cameroon is a country with high level of marriage fraud you may need to prove that your marriage is still real and has survived all these years of separation. You may expect the USCIS to be intrigued as to why your wife has not attempted to file a new I-130 sooner than now for starters and that is something you may need to address with them only. In the end, if you and your wife made accommodations to go on with your marriage even on a long-distance basis and provided you have supporting evidence to that, you should be approved.

My presumption here is that you were deported as a consequence of your overstay and not because of a criminal offense, in which case, getting a petition approved would become somewhat more complex.

Good luck!

Hello. I was deported 8 and a Half years (in april 2006) ago from US with a 10 years bar for overstaying my student visa. My us citizen wife with whom I was married in 2004 filled I-130 petition on my behalf that was approved just a few months before my deportation. Assuming that I will be able to used my approved I-130 to get an immigrant visa after the ten years, I would like to know where to start from and knowing that I still have about one and a half year to go with the bar, Is it the wright time to start the process.

[Boiler 43,397]

I 130's do not die, now it may well e easier to start again rather than resurrecting the old one.

[Jawaree 717]

That I130 is dormant if U did not keep it alive every year

however if U R still having a long distance marriage, its

easier for her to refile I130 since to take it out of archive

cost almost the same (search) and the time can end up

even longer for some to get it back to NVC.

NVC will send to your consulate where they will issue 221G

for U to file waiver, if U have no record anywhere except that

overstay deportation, U will need to show proofs of on-going

relation visits to U etc but the abundant amount of hardship

for I 601 waiver is less on Lone I 212 that U would file. Y wait

this long, has she visited U?

Edited September 2, 2014 by Jawaree

[lunaboriken 2]

I would start by getting a legal consultation first to see your options. Starting things well in advance can help you gather all the necesary evidence for your case to be completed successfully. Wish you the best!

[raven52 233]

I agree, you have a complicated case, I would seek out the best legal rep. I could find!

[Jawaree 717]

An overstay is not that complicated if U have an active relationship

in marriage, its just an overstay, but consult with Lizz Cannon U

have only 2 yrs it seem left on the ban

[A&S14 2]

Hmmm, I thought that you cannot be deported if you have submitted the AOS before they found out about your overstay. Better to apply for a new one...