I really need help Getting my Husband Back home to the US

[britswife 0]

Hi my name is jennifer and in August 2009 i married my husband richi from the UK here in the US..We were about to file our status but didn't have all the money so my husband took a Job overseas back in England what was suppose to be a couple weeks at best...2 months later when he was ready to return home the company who hired him never filed the proper paperwork to get him back into the country and he's been stuck there for a total of 5 months now...I haven't a clue on what to do?? I'm desprete to get him home and as for the company they won't even tell me anything...I heard from Immegration and the USICS that i may have to file an I-130 then when it goes through he files a immegration visa?? and from another just have him fly home and meet him at customs with all our paperwork and proof i am his wife.. is this the fastest way or only way?? I get a diffrent answer everytime i call them..I frustrated and as his wife feel powerless...please anyone out there who can help me i'd be so grateful,i just want him home... thanks to any and all who can answer me...and i appologize if this is in the wrong place i am new here..

Jennifer

[belinda63 2,981]

You will need to file for the CR1 visa. See the guides at the top.

He cannot just fly here and stay. If you follow the advise you mention in your post, have him fly here, meet him at customs and say you are his wife, plan on him being on the next plane back to England.

To come to the US on a non-immigrant visa or the VWP with the intent to stay is illegal and could, depending on the questions asked, lead to a charge of misrepresentation which carries a lifetime ban.

[canadian_wife 1,785]

http://www.visajourney.com/content/i130guide1

Here are the guides for the spousal visa. I suggest you work on him getting to the US as your spouse, not under any sort of work visa. The spousal visa will take about 6 - 10 months

Good luck

[britswife 0]

http://www.visajourney.com/content/i130guide1

Here are the guides for the spousal visa. I suggest you work on him getting to the US as your spouse, not under any sort of work visa. The spousal visa will take about 6 - 10 months

Good luck

would it be the smart thing to just send in the whole packet for his adjustment of status it included the I-130 forms anyway and just get it overwith?? Does it really take 6-8 months he's already been gone 5 ...lord help me..

[Darnell 8,478]

Adjustment of Status 'filing' only valid if foreign spouse resides in USA with USCitizen Spouse.

If foreign spouse NOT in USA, any AOS filing is a waste of time and money.

[Mononoke28 134]

The only way is to file the I-130. Like someone else said, he can come to the US, stay here and file for AOS but that would be illegal because the purpose of his trip is to file for his green card.

Diana

[britswife 0]

The only way is to file the I-130. Like someone else said, he can come to the US, stay here and file for AOS but that would be illegal because the purpose of his trip is to file for his green card.

Diana

would a k3 visa help speed things up???

[Darnell 8,478]

K-3 visa ? Oh My -

Please have a read?

Comparison on K-3 vs CR-1 - http://www.visajourney.com/forums/topic/204324-wondering-if-i-made-a-mistake-marrying-in-us/page__view__findpost__p__3060767

K-3 administratively closed - http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Then let me know what yer thoughts are, after reading the content from those 2 links.

[Mononoke28 134]

K3 visas are technically no longer available based on the information found on the two links Darnell just gave you.

Diana

[maxT 0]

Hi Jennifer..I know how what your going through.My american wife went through the same thing with me being "stuck" in UK.The company your husband works for has nothing to do with the immigration.As you the american,it's all down to you in that end if you want your husband back to the USA...It's all down to the sponser who can make sure your husband can be supported financially when in USA,the sponser can be you and if the finance requirements are not met,then have a family member or anyone to be co-signer.I don't want to sound bad or anything,but as for flying him to USA will be a waste of money as he will get returned to UK with his visa stamped denied due to improper paperwork,believe me I got married in USA and I returned to UK which turned out a "massive" mistake for me and I tried to return to US but I got kicked out on the next plane to UK,even with my wife protesting.It's all down to the paperwork and you have to file the I-130 as soon as possible and everything else that follows with it.There is no fastest way to do it when your both apart,it's all down to the National Visa Center..It depends where you live and where you file it,some places takes months and some take a maximum 2 years.(check the processing times on USCIS site)After you file it,make sure you double check everything and once you get approved and paperwork is done your side,it's all down to your husband to forge ahead and be prepared for the medical in London then the interview that follows.He should get a visa pretty soon after the interview.The only way to get together at the moment is that you can get a visa to fly to UK for 6 months while waiting..It does get tough waiting,but if you both have the strength,faith,and patience,things should go work out like it did for me.Hope all goes well for you.Good Luck.

[britswife 0]

Hi Jennifer..I know how what your going through.My american wife went through the same thing with me being "stuck" in UK.The company your husband works for has nothing to do with the immigration.As you the american,it's all down to you in that end if you want your husband back to the USA...It's all down to the sponser who can make sure your husband can be supported financially when in USA,the sponser can be you and if the finance requirements are not met,then have a family member or anyone to be co-signer.I don't want to sound bad or anything,but as for flying him to USA will be a waste of money as he will get returned to UK with his visa stamped denied due to improper paperwork,believe me I got married in USA and I returned to UK which turned out a "massive" mistake for me and I tried to return to US but I got kicked out on the next plane to UK,even with my wife protesting.It's all down to the paperwork and you have to file the I-130 as soon as possible and everything else that follows with it.There is no fastest way to do it when your both apart,it's all down to the National Visa Center..It depends where you live and where you file it,some places takes months and some take a maximum 2 years.(check the processing times on USCIS site)After you file it,make sure you double check everything and once you get approved and paperwork is done your side,it's all down to your husband to forge ahead and be prepared for the medical in London then the interview that follows.He should get a visa pretty soon after the interview.The only way to get together at the moment is that you can get a visa to fly to UK for 6 months while waiting..It does get tough waiting,but if you both have the strength,faith,and patience,things should go work out like it did for me.Hope all goes well for you.Good Luck.

Hi,

I just wanted to thank you so much for your kindness and understanding..I filed today for the I-130 and started the process..I will deffinetly go to be with him through the process as we have been apart 5 months already.and i deffinetly have the time and patience as long as we are together for a bit and make up for some lost time..I'm from NJ so the paperwork goes to Illinois first(chicago) I had a immegration specialist help me get the forms perfect on the first shot so there is no doubt in my mind..we are hopeing to hear something by Nov...and like you said forge ahead till it's done...Now did you have to file all the paperwork at once ?? or did you do it in steps just like this? How long did it take your wife to get you home? my parents will sponser him thank god for that as we are just getting started with our lives..my only worry is a possible overstay? see he came in May(memorial day) of 2009 and we were married Aug 8th 2009..but he stayed being we were married and as we pepared all the paperwork and got it together..the very proud part of him wanted to take the Job back home to earn more money for us..as you said "mistake" seems we all make them..but he didn't leave until april 5th of 2010 so that's a bit over 6 months..The immegration specialist doesn't think it will be a problem..but it worries me a bit ..a penelty of some sort...what do you think?? you and your wife sound very happy and settled now so glad to hear it.. where are you guys located? any info you give me will be such a great help and i sure appreciate the time you took to respond to my post cause this all had my head spinning for some time...but this site has been a godsend...hope to hear from you soon ..jennifer...

[Darnell 8,478]

8 month 'stay' in USA? what was the actual 'overstay' amount, in days?

[Nik+Heather 121]

8 month 'stay' in USA? what was the actual 'overstay' amount, in days?

Even accounting for some variation in the exact date of Memorial day, that's roughly 8 weeks between the first week in April and the last week in may. 365-56-90 = 219, so even with "give or take a few days" that's over 180 days of overstay.

[RichiJenny 14]

Hi Im Jennys husband, richi. Thanks for all your responses. Now i have a question. My overstay appears to be like 7 and a half months. I have spoken to the London embassy via the phone and they said i may not definitely need to file a waiver as my intention is not a holiday, but to go be with my wife. The gentleman was quite helpful and said each case was judged on its own merits, so theres a strong possibillity i may not need an i601.

my question is, as i dont have regular access to a computer, given your experiences, is this info possibly correct, or is the 180 day overstay a 3 year ban set in stone? im really worried, well, anxious really. can a consular officer look at my documents at the interview and do as the guy told me on the phone, grant the visa, or is it an automatic denial and i have to file the i601 then. it works out i think i have an overstay of around 50 days, and im worried that an i601 would be denied to for this. could someone please put my mind at rest?!

i have another couple of questions.

can the i601 be prepared and taken to the interview with me just in case?

what are the nvc shortcuts ive read about, please? is it possible to go through the nvc quicker than 'normal' so to speak

and finally is it to early to apply for my police certificate now? we have just sent off our i130.

i just want to collate the documents and be fully prepared.

thanks so much for any help and advice you guys can offer, im really anxious right now.

[Darnell 8,478]

NVC ShortCuts -

LingChe - http://www.visajourney.com/wiki/index.php/LingChe_NVC_ShortCut

my mini-how-to for online payment portal stuff - http://www.visajourney.com/forums/topic/221785-ds-3032-slowdown/page__view__findpost__p__3560467

Fairly Decent Rundown - http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

Good Luck !