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Where do we stand?

By The Heub's in IR-1 / CR-1 Spouse Visa Process & Procedures

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The Heub's Contributor

The Heub's   0

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
Posted

Hello, A few questions, I overstayed a visa waiver (not by the 180 days) due to illness etc..i returned home and my husband (who is american) has filed the CR1 spousal visa. It is due to be sent out this week. The thing is I really want to go back we have not been seperated before and hate it. Would there be a problem returning whilst the CR1 is processing? and even though i overstayed the visa ..i was always going to return, would it look better to them that i am applying for a visa ..and therefore doing things correctly. Or would it just depend on what the IO said and the POE? Our main concern is being apart but we also do not want to jeopardise our future. Ideally I would want to stay there until im called for my interview. Has anyone else had this type off dilema?

Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

You won't be able to stay in the US until your interview, because even if you can get in on the VWP, that is only for 90 days and the visa will take 5-8 months to process, assuming no major roadblocks. Plus, as far as I know you are inelligible for the VWP once you have overstayed it, even though you don;t have a 3 year ban because you overstayed less than 180 days.

You could try applying for a B2 tourist visa, which lasts up to 6 months but in your current situation, I am not at all sure that would be granted.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Since you overstayed your VWP - I do not think you can return to the US on the VWP. You should apply for a B2 visa

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

The Heub's Contributor

The Heub's   0

Posted
Filed: IR-1/CR-1 Visa Country: England
 Timeline
  • Author
Posted

Since you overstayed your VWP - I do not think you can return to the US on the VWP. You should apply for a B2 visa

Good luck

Hi thanks for your replies, the B2 visa would be the best one? can i ask a stupid question and ask what that is for (what kind) do you know if that would interfere with the CR1 we are applying for?

Barbara J Proficient

Barbara J   115

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

Hi thanks for your replies, the B2 visa would be the best one? can i ask a stupid question and ask what that is for (what kind) do you know if that would interfere with the CR1 we are applying for?

B2 is a tourist visa and should not affect your CR1

Divorced !st November 2012.

Married only 2 years 1 month

 
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