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britswife

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

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Filed: Country: England
Timeline

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

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Filed: Citizen (apr) Country: Iran
Timeline

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.

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Filed: Citizen (apr) Country: Canada
Timeline

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


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Country: England
Timeline

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..

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: Citizen (apr) Country: Colombia
Timeline

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


CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: Citizen (apr) Country: Colombia
Timeline

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

Diana


CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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Filed: Other Country: Scotland
Timeline

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.

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Filed: Country: England
Timeline

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...

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Filed: IR-1/CR-1 Visa Country: China
Timeline

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


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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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.


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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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.


USCIS California Service Center - Expedited

09-SEP-2010 : Mailed I130 Petition to Chicago Lockbox.

16-SEP-2010 : Received NOA1.

24-SEP-2010 : Expedite: service request

05-OCT-2010 : Supporting documents sent to CSC.

16-OCT-2010 : RFE received.

19-OCT-2010 : RFE response received at CSC.

22-OCT-2010 : I130 Petition APPROVED.

30-OCT-2010 : NOA2 Received in Mail

NVC - Expedited

27-OCT-2010 : Case Number Assigned

02-NOV-2010 : Expedite request emailed to NVC

10-NOV-2010 : Expedite approved - Case forwarded to Consulate

12-NOV-2010 : Medical

US Embassy - Expedited

18-NOV-2010 : Packet 3 email received.

19-NOV-2010 : Emailed DS230, DS2001

30-NOV-2010 : Interview - 9am Denied: 3 year bar (overstay) - i601 Waiver filed with expedite request

01-DEC-2010 : MP requests assistance from US Ambassador

03-DEC-2010 : Waiver transferred from USCIS to DHS

11-DEC-2010 : Waiver Receipt notification dated 07-DEC-2010

20-DEC-2010 : VISA/Waiver Approved

22-DEC-2010 : Approval letter received

24-DEC-2010 : Passport collected by courier

10-JAN-2011 : CR1 Visa Issued by IVU London

11-JAN-2011 : Passport / Visa delivered.

18-JAN-2011 : POE: EWR (Newark, New Jersey)

17-FEB-2011 : Welcome Letter Arrived

19-FEB-2011 : Green Card I-551 Arrived

I-130 Mailing to Approval (incl. waiver): 102 Days

OCT 2012 : Applied for Removal of Conditions

DEC 2012 : Received NOA1 (GC extention letter)

18-JAN-2013 : Biometrics walk in approved and completed

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Filed: IR-1/CR-1 Visa Country: China
Timeline

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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