How do I get him back to America from Tanzania??

[MissingBaba 0]

So my husband was deported in early November 2009. We've been together for nearly 4 years and have an 18month old and I'm pregnant again.

He had to return to his home country of Tanzania and I have been devastated. Not sure what to do...all I know is we miss him and I just need him back.

I was told to file a k-3 visa and that would get him back faster...then someone said he may be able to apply for a tourist visa from the embassy over there. I really don't know what I need to do. I've tried speaking with lawyers and they all want loads of money. My husband wants to come back to us but I don't even know where to begin.

I'm about 12 weeks pregnant and just emotional and hoping I can get some clarity on the situation and immediately apply somehow for his return...this is the longest we've even ever been apart since we started dating in 2006.

[ZorValachan 0]

So my husband was deported in early November 2009. We've been together for nearly 4 years and have an 18month old and I'm pregnant again.

He had to return to his home country of Tanzania and I have been devastated. Not sure what to do...all I know is we miss him and I just need him back.

I was told to file a k-3 visa and that would get him back faster...then someone said he may be able to apply for a tourist visa from the embassy over there. I really don't know what I need to do. I've tried speaking with lawyers and they all want loads of money. My husband wants to come back to us but I don't even know where to begin.

I'm about 12 weeks pregnant and just emotional and hoping I can get some clarity on the situation and immediately apply somehow for his return...this is the longest we've even ever been apart since we started dating in 2006.

We will need more information on reason for deportation, overstay length, etc. before anyone can give you good advice.

[Scott and Mhay 57]

exactly, more info is required to give good advice.

[Penguin_ie 5,986]

I agree we need more info- I doubt the tourist visa is a possibility, with him having been deported, and having a pregnant wife in the USA, it would be very difficult to proof that he has no immigrant intent. I also doubt that he will get back here in time for the birth of your second child, because even a K3 (which is only a few weeks faster than a IR-1, and the IR-1 would lead to an automatic 10 year green card upon entry, so I;d recommend that) takes 6-8 months from filing to interview, plus he will probably need to file a waiver (if elligible) after the interview for the deportation.

[payxibka 10,044]

dependant on the reason for the deportation it is quite possible he has a re-entry ban that would prevent the issuance of a tourist visa anyway...

moving thread as this is not an AOS situation...

[TracyTN 237]

Being 11 weeks pregnant myself, I know this is hard to do, but you have to try your best to calm yourself and stop being overly emotional about this. Immigration is a pretty straight forward, and definitely non emotional process. Your best bet is to educate yourself about his situation and follow the correct steps to rectify it.

Who told you to file for a K3? As has been mentioned, we first need to know how he got into the US (visa type?) and the exact situation around his deportation. From then, we can hopefully find a solution.

[MissingBaba 0]

Being 11 weeks pregnant myself, I know this is hard to do, but you have to try your best to calm yourself and stop being overly emotional about this. Immigration is a pretty straight forward, and definitely non emotional process. Your best bet is to educate yourself about his situation and follow the correct steps to rectify it.

Who told you to file for a K3? As has been mentioned, we first need to know how he got into the US (visa type?) and the exact situation around his deportation. From then, we can hopefully find a solution.

He got into the US when he was very young as a child on a Student Visa. He went to college here in the states and everything but then after we met he wanted to focus on working and became pretty successful in his career. So he then applied for a work visa I-765 and was approved but then it expired some months ago and the INS sent several letters to him saying he'd have to return to his country because he overstayed....but he did everything by the books until this happened. He has been trying to become a permanent resident since he was young but has had not had the best guidance and lawyers and people helping his case.

Once we got married I didn't know the next step to take or how I could help. I thought he'd be OK since he was here legally and we have a family together...like I said we've been together for almost 4 years come April 2010. So now I'm doing all I can to help him return.

A lawyer was the person who told me we could file the k-3 visa and then the I-130 to get him back as soon as possible. The same lawyer also was able to check on his current case and said he never had a criminal record, worked to support his family, and did nothing to have to be deported the way they kept harassing him to leave the Country. His biometrics and everything were up to date until this year when they denied his visa. But the lawyer said I may possibly be able to write him an invitation to come back to America and that just may work cuz he should not have had to go through what he did.

So IDK just trying to figure things out...I'm now just going to take a crack at writing that letter to help him come back as a vistor to see his wife and family.

[Anh map 2,098]

I would suggest that you speak with an immigration attorney with experience in deporation cases.

From what you've told us here the attorney you've spoken with doesn't seem to be in their element.

[Penguin_ie 5,986]

You need a different lawyer Laywers like the K3 because it is more paperwork and so they can charge more money.

It is good that he came on a visa legally and was here legally most of his time, but he still overstayed... how long did he actually overstay/ was he without a visa? That will matter. The main issue is if he overstayed less than 180 days, 180-365 days or more than a year. Hopefully it is less than 180 days, that would help his case. Was hge given voluntary departure or actually deported? What are the annotations in his passport, if any?

[belinda63 2,981]

Sounds like he was deported since she says he received several letters telling him to leave which they ignored. I suggest a consultation with a GOOD immigration attorney. If they don't discuss the different types of visas with you, the length of his ban from re entry to the US due to his overstay, the waiver process, or ask intelligent questions but rather just say something like "if you hire us we will get him back here in a few months" I would run out the door and find another attorney.

His chances of obtaining a visitors visa are almost nil and he most likely has a ban of some length depending how long he overstayed. You will need to apply for the visa and be prepared to file for a waiver.

Good news is you have a good chance of being approved but it will take time.

Good luck.

[TracyTN 237]

Being 11 weeks pregnant myself, I know this is hard to do, but you have to try your best to calm yourself and stop being overly emotional about this. Immigration is a pretty straight forward, and definitely non emotional process. Your best bet is to educate yourself about his situation and follow the correct steps to rectify it.

Who told you to file for a K3? As has been mentioned, we first need to know how he got into the US (visa type?) and the exact situation around his deportation. From then, we can hopefully find a solution.

He got into the US when he was very young as a child on a Student Visa. He went to college here in the states and everything but then after we met he wanted to focus on working and became pretty successful in his career. So he then applied for a work visa I-765 and was approved but then it expired some months ago and the INS sent several letters to him saying he'd have to return to his country because he overstayed....but he did everything by the books until this happened. He has been trying to become a permanent resident since he was young but has had not had the best guidance and lawyers and people helping his case.

Once we got married I didn't know the next step to take or how I could help. I thought he'd be OK since he was here legally and we have a family together...like I said we've been together for almost 4 years come April 2010. So now I'm doing all I can to help him return.

A lawyer was the person who told me we could file the k-3 visa and then the I-130 to get him back as soon as possible. The same lawyer also was able to check on his current case and said he never had a criminal record, worked to support his family, and did nothing to have to be deported the way they kept harassing him to leave the Country. His biometrics and everything were up to date until this year when they denied his visa. But the lawyer said I may possibly be able to write him an invitation to come back to America and that just may work cuz he should not have had to go through what he did.

So IDK just trying to figure things out...I'm now just going to take a crack at writing that letter to help him come back as a vistor to see his wife and family.

I'd be leery of that attorney. What your husband did wrong was not leave when he was instructed to leave. It is not USCIS' fault (they're no longer called INS, btw) that he fell out of status and did nothing to rectify that situation - that's on his shoulders. If you had filed the I 130/I 485 at the time of your marriage (before he was told to leave), then there would have been no issue. He'd still be here, possibly with green card in hand already - depending how long ago it was. But - water under the bridge at this point.

How long was he here after receiving the first letter telling him to leave the country? This would be key in determining if the K3 will indeed work.

I'm not sure how much success he'll have with a tourist visa; having been here as long as he was plus having a wife and family here gives him strong immigrant intent.

I agree with belinda's criteria of finding a new attorney - you're going to need one.

[baron555 934]

He got into the US when he was very young as a child on a Student Visa.

Don't mean to split hairs but a young child is less than 5 years old and very rarely are children of this age given a Student Visa.

He went to college here in the states

College age folks are considered adults and not young children; and there is a presumption of advanced knowledge of how rules and regulations apply and are to be enforced.

and everything but then after we met he wanted to focus on working and became pretty successful in his career. So he then applied for a work visa I-765 and was approved

Very nice; sounds like a hard working individual.

but then it expired some months ago and the INS sent several letters to him saying he'd have to return to his country because he overstayed

Re-read comments about following the rules and regulations. Why didn't he re-apply for another work visa?

....but he did everything by the books until this happened. He has been trying to become a permanent resident since he was young but has had not had the best guidance and lawyers and people helping his case.

Sri to hear this but still the onus is on him to follow the rules and regulations.

Once we got married I didn't know the next step to take or how I could help. I thought he'd be OK

Still have to follow the rules and regulations, even if he is a nice guy and nice husband.

since he was here legally

No he wasn't, his visa had expired. He knew this and did nothing.

and we have a family together...like I said we've been together for almost 4 years come April 2010. So now I'm doing all I can to help him return.

A lawyer was the person who told me we could file the k-3 visa and then the I-130 to get him back as soon as possible. The same lawyer also was able to check on his current case and said he never had a criminal record, worked to support his family, and did nothing to have to be deported the way they kept harassing him to leave the Country. His biometrics and everything were up to date until this year when they denied his visa.

How long was the overstay? Over 180 days then it's a 3 year ban, over a year is a 10 year ban.

But the lawyer said I may possibly be able to write him an invitation to come back to America and that just may work cuz he should not have had to go through what he did.

If this lawyer is not addressing the overstay, then you ought to get another lawyer; you can not just categorically dismiss it. It must be addressed.

What he has gone through is only normal and within the realm of following the rules. He doesn't get extra credit for being a nice guy.

So IDK just trying to figure things out...I'm now just going to take a crack at writing that letter to help him come back as a vistor to see his wife and family.

I would say the chances of that happening are 0.000000001%. He has an overstay on his record and they will not allow him back until he addresses that. Now, however, you may be able to file a waiver letter to overlook the overstay; a good lawyer would have been all over this option from the beginning.

[sachinky 464]

How long was his overstay? Was he actually deported? Or did he voluntary depart on receiving the letters?

Depending on the length of the over-stay, he is subject to a 3 year or a 10 year ban.

Just so I understand this correctly, he was on a F-1? That's a student visa, given to college age students. So your husband doesn't qualify as a child. Then he was on a H-1, yes?

When did the last visa expire?

You can forget about that tourist visa. Not going to happen. Not with an over-stay and a family in the U.S.

Your best bet it seems would be to file for a IR1. But you're going to need a lawyer. A good one at that too.

Edited December 11, 2009 by sachinky

[MamaAsiya 8]

Poleni sana Mama. The advice above is sound. He can't get a tourism visa (they are especially skeptical in TZ). I wanted to let you know I was a few months pregnant when i filed for my husbands K-3. In Tanzania, the embassy moves very quickly. My husband was able to get here just before our baby was born. I know your situation is more complicated, but it is possible. You may consider spending some time in TZ too (if you can afford the tickets) - it is a beautiful place.

Wishing your family the best.